what is an case study in law

Legal Dictionary

The Law Dictionary for Everyone

The term case law refers to law that comes from decisions made by judges in previous cases. Case law, also known as “ common law ,” and “case precedent ,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case. How much sway case law holds may vary by jurisdiction , and by the exact circumstances of the current case. To explore this concept, consider the following case law definition.

Definition of Case Law

The law as established in previous court rulings; like common law, which springs from judicial decisions and tradition.

1860-1865 English common law

What is Case Law

Statutory laws are those created by legislative bodies, such as Congress at both the federal and state levels. While this type of law strives to shape our society, providing rules and guidelines, it would be impossible for any legislative body to anticipate all situations and legal issues. The court system is then tasked with interpreting the law when it is unclear how it applies to any given situation, often rendering judgments based on the intent of lawmakers and the circumstances of the case at hand. Such decisions become a guide for future similar cases.

In order to preserve a uniform enforcement of the laws, the legal system adheres to the doctrine of stare decisis , which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same type of case. Precedent, or case law, is binding on courts of the same level or lower, and applies only if there is no legislative statute created, or higher court ruling, that overrules it.

Example of Case Law Application

Stacy, a tenant in a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not given her enough notice before raising her rent, citing a new state law that requires a minimum of 90 days’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties. When the state court hearing the case reviews the law, he finds that, while it mentions large multi-tenant properties in some context, it is actually quite vague about whether the 90-day provision applies to all landlords. The judge , based on the specific circumstances of Stacy’s case, decides that all landlords are held to the 90-day notice requirement, and rules in Stacy’s favor.

A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must use the previous court’s decision in applying the law. This example of case law refers to two cases heard in the state court, at the same level. The ruling of the first court created case law that must be followed by other courts until or unless either new law is created, or a higher court rules differently.

Case Law by Jurisdiction

Case law is specific to the jurisdiction in which it was rendered. For instance, a ruling in a California appellate court would not usually be used in deciding a case in Oklahoma. While there is no prohibition against referring to case law from a state other than the state in which the case is being heard, it holds little sway. Still, if there is no precedent in the home state, relevant case law from another state may be considered by the court.

Rulings made by federal appellate courts, and the U.S. Supreme Court, however, are binding on state courts. Such rulings become “binding precedent,” which must be adhered to by lower courts in future similar cases. Rulings by courts of “lateral jurisdiction” are not binding, but may be used as persuasive authority, which is to give substance to the party’s argument, or to guide the present court.

Case Law Search

Just a few years ago, searching for case precedent was a difficult and time consuming task, requiring people to search through print copies of case law, or to pay for access to commercial online databases. Today, the internet has opened up a host of case law search possibilities, and many sources offer free access to case law. Doing a case law search may be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, including:

Google Scholar – a vast database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Justia – a comprehensive resource for federal and state statutory laws , as well as case law at both the federal and state levels.
Public Library of Law – offers access to cases from the U.S. Supreme court since 1754, the U.S. Circuit Courts of Appeal since 1951, and from each state since 1997. In addition to allowing users to search by keyword, court, and case, the website provides tutorials on “ Finding a Case ,” and “ Searching Statutes .”

In addition, the Law Library of Congress offers a great deal of information on statutes, case law, and other legal issues. This includes a Guide to Law Online .

Dissecting Case Law Citations

Finding a relevant case law ruling, and inserting a reference to that case into a current legal pleading , is not enough to direct the court to the specific issue. In many instances, court rulings in the U.S. deal with multiple issues, and include drawn-out descriptions of how the court, especially an appellate or supreme court, came to its conclusion. Because of this, simply citing the case is more likely to annoy a judge than help the party’s case. Think of it as calling someone to tell them you’ve found their lost phone, then telling them you live in such-and-such neighborhood, without actually giving them an address. Driving around the neighborhood trying to find their phone is likely to be more frustrating than it’s worth.

For legal professionals, there are specific rules regarding case citation, which vary depending on the court and jurisdiction hearing the case. Proper case law citation in a state court may not be appropriate, or even accepted, at the U.S. Supreme Court. Generally speaking, proper case citation includes the names of the parties to the original case, the court in which the case was heard, the date it was decided, and the book in which it is recorded. Different citation requirements may include italicized or underlined text, and certain specific abbreviations.

In the United States, people are not required to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their own can remember one rule of thumb when it comes to referring to case law or precedent in court documents: be as specific as possible, leading the court, not only to the case, but to the section and paragraph containing the pertinent information. The Cornell Law School website offers a variety of information on legal topics, including citation of case law, and even provides a video tutorial on case citation .

Case Law Example in Civil Lawsuit Against Child Services

In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year old boy from his home to protect him from the horrible physical and sexual abuse he had suffered in his home, and to prevent him from abusing other children in the home. The boy was placed in an emergency foster home, and was later shifted around within the foster care system. The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, and in her 6-month report to the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the couple had two young children of their own at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the couple had young children. She did note that the boy still needed extensive therapy in order to cope with his abusive past, and “to reach the point of being safe with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved of the actions.

The Roes accompanied the boy to his therapy sessions. When they were told of the boy’s past, they asked if their children were safe with him in their home. The therapist assured them that they had nothing to worry about. Unfortunately, that was not true. Just two months after being placed with the Roe family, the Roe’s son told his parents that the boy had molested him. The boy was arrested two days later, and admitted to having sexually molested the couple’s son several times.

On June 16, 1999, a lawsuit was filed on behalf of the boy by a guardian ad litem , against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf of the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for a dismissal based on absolute immunity , as they were all acting in their jobs with DCFS. If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases. The appellate court determined that the trial court had not erred in its decision to allow more time for information to be gathered by the parties – specifically regarding the issue of absolute immunity.

Related Legal Terms and Issues

Binding Precedent – A rule or principle established by a court, which other courts are obligated to follow.
Lateral Jurisdiction – A court at the same level.
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It may be used to guide the court, but is not binding precedent.

Library electronic resources outage May 29th and 30th

Between 9:00 PM EST on Saturday, May 29th and 9:00 PM EST on Sunday, May 30th users will not be able to access resources through the Law Library’s Catalog, the Law Library’s Database List, the Law Library’s Frequently Used Databases List, or the Law Library’s Research Guides. Users can still access databases that require an individual user account (ex. Westlaw, LexisNexis, and Bloomberg Law), or databases listed on the Main Library’s A-Z Database List.

Georgetown Law Library
Research Process

Case Law Research Guide

Introduction.

Print Case Reporters
Online Resources for Cases
Finding Cases: Digests, Headnotes, and Key Numbers
Finding Cases: Terms & Connectors Searching

Key to Icons

Georgetown only
On Bloomberg
More Info (hover)
Preeminent Treatise

Every law student and practicing attorney must be able to find, read, analyze, and interpret case law. Under the common law principles of stare decisis, a court must follow the decisions in previous cases on the same legal topic. Therefore, finding cases is essential to finding out what the law is on a particular issue.

This guide will show you how to read a case citation and will set out the sources, both print and online, for finding cases. This guide also covers how to use digests, headnotes, and key numbers to find case law, as well as how to find cases through terms and connectors searching.

To find cases using secondary sources, such as legal encyclopedias or legal treatises, see our Secondary Sources Research Guide . For additional strategies to find cases, like using statutory annotations or citators, see our Case Law Research Tutorial . Our tutorial also covers how to update cases using citators (Lexis’ Shepard’s tool and Westlaw’s KeyCite).

Basic Case Citation

A case citation is a reference to where a case (also called a decision or an opinion ) is printed in a book. The citation can also be used to retrieve cases from Westlaw and Lexis . A case citation consists of a volume number, an abbreviation of the title of the book or other item, and a page number.

The precise format of a case citation depends on a number of factors, including the jurisdiction, court, and type of case. You should review the rest of this section on citing cases (and the relevant rules in The Bluebook ) before trying to format a case citation for the first time. See our Bluebook Guide for more information.

The basic format of a case citation is as follows:

Parallel Citations

When the same case is printed in different books, citations to more than one book may be given. These additional citations are known as parallel citations .

Example: 265 U.S. 274, 68 L. Ed. 1016, 44 S. Ct. 565.

This means that the case you would find at page 565 of volume 44 of the Supreme Court Reporter (published by West) will be the same case you find on page 1016 of volume 68 of Lawyers' Edition (published by Lexis), and both will be the same as the opinion you find in the official government version, United States Reports . Although the text of the opinion will be identical, the added editorial material will differ with each publisher.

Williams Library Reference

Reference Desk : Atrium, 2nd (Main) Floor (202) 662-9140 Request a Research Consultation

Case law research tutorial.

Update History

Revised 4/22 (CMC) Updated 10/22 (MK) Links 07/2023 (VL)

Next: Print Case Reporters >>
© Georgetown University Law Library. These guides may be used for educational purposes, as long as proper credit is given. These guides may not be sold. Any comments, suggestions, or requests to republish or adapt a guide should be submitted using the Research Guides Comments form . Proper credit includes the statement: Written by, or adapted from, Georgetown Law Library (current as of .....).
Last Updated: Feb 29, 2024 1:03 PM
URL: https://guides.ll.georgetown.edu/cases

Discussion Forum
Why and How: Using the Case Study Method in the Law Classroom

Post by: Jackie Kim and Lisa Brem

Why should legal educators use case studies and other experiential teaching methods, such as role plays and simulations, in their classes? Hasn’t the Langdell method served legal education well these last 140 years? Certainly creating and using experiential materials requires a different set of skills from faculty, elicits a different response and level of engagement from students, and poses barriers to implementation. The ABA’s LEAPS Project [i] has a comprehensive list of objections to practical problem solving in the classroom: materials are time consuming and expensive to create and deploy; addition of a case study or simulation to a syllabus inherently displaces other material; and there are few incentives from law school leaders to introduce this type of teaching.

Yet, the argument promoting experiential materials and techniques is strong. The 2007 Carnegie Report [ii] recommended integrating lawyering skills practice into the curriculum alongside doctrinal courses, and the ABA added simulation courses to the list of practical experiences that can and should be offered by law schools in its 2015 Guidance Memo [iii] .

In a 2007 Vanderbilt Law Review article [iv] , HLS Dean Martha Minow and Professor Todd D. Rakoff argued that Langdell’s approach to teaching students using appellate cases does not do enough to prepare law students for real-world problems: “The fact is, Langdell’s case method is good for some things, but not good for others. We are not talking about fancy goals here; we are talking about teaching students ‘how to think like a lawyer.’”

But does the case study method result in a higher degree of student learning? While we have not yet seen a study on the efficacy of the case study method vs. the Langdell method in law schools, research [v] from political science professor Matthew Krain suggests that case studies and problem-based activities do enhance certain types of learning over other types of pedagogy. In his investigation, Krain compared the results of pre-and post-course surveys of students who participated in active learning with those who received a traditional lecture course. The case studies and problems that Krain used in his non-traditional classes included: case studies in the form of popular press articles, formal case studies, films, or problem-based case exercises that required students to produce a work product.

Krain found that:

Student-centered reflection, in which students have the opportunity to discuss their understanding of the case, allows both students and instructors to connect active learning experiences back to a larger theoretical context. Case learning is particularly useful for dramatizing abstract theoretical concepts, making seemingly distant events or issues seem more “authentic” or “real,” demonstrating the connection between theory and practice, and building critical-thinking and problem-solving skills (Inoue & Krain, 2014; Krain, 2010; Kuzma & Haney, 2001; Lamy, 2007; Swimelar, 2013).

This study suggests that case-based approaches have great utility in the classroom, and they should be used more often in instances where students’ understanding of conceptual complexity or knowledge of case details is critical. Moreover, case-based exercises can be derived from a variety of different types of materials and still have great utility. If deployed selectively in the context of a more traditional classroom setting as ways to achieve particular educational objectives, case-based approaches can be useful tools in our pedagogical toolbox.

For those who might be ready to try a case study, role play, or simulation, there are resources that can help. Harvard Law School produces case studies for use throughout the legal curriculum. The HLS Case Studies program publishes these teaching materials, and makes them available to educators, academic staff, students, and trainers. Outside of Harvard Law School, links to resources for educators implementing the case study method can be found on the Case Studies Program Resources page. Listed are case study affiliates at Harvard, legal teaching and learning tools, tips for case teaching, and free case materials. Examples include the Legal Education, ADR, and Practical Problem Solving (LEAPS) Project [vi] from the American Bar Association , which provides resources for various topics on legal education, and the Teaching Post , an educators’ forum offered by the Harvard Business School where professors can seek or provide advice on case study teaching.

“… [O]ur society is full of new problems demanding new solutions, and less so than in the past are lawyers inventing those solutions. We think we can, and ought to, do better.” – Dean Martha Minow & Professor Todd Rakoff. [vii]

[i] “Overcoming Barriers to Teaching ‘Practical Problem-Solving’.” Legal Education, ADR & Practical Problem-Solving (LEAPS) Project, American Bar Association, Section of Dispute Resolution. Accessed March 16, 2017, http://leaps.uoregon.edu/content/overcoming-barriers-teaching-%E2%80%9Cpractical-problem-solving%E2%80%9D. [ii] William M. Sullivan, Anne Colby, Judith Welch Wegner, Lloyd Bond, and Lee S. Shulman, “Educating Lawyers,” The Carnegie Foundation for the Advancement of Teaching (2007). [iii] American Bar Association, “Managing Director’s Guidance Memo,” Section of Legal Education and Admissions to the Bar (2015). [iv] Martha Minow and Todd D. Rakoff, “A Case for Another Case Method,” Vanderbilt Law Review 60(2) (2007): 597-607. [v] Matthew Krain, “Putting the learning in case learning? The effects of case-based approaches on student knowledge, attitudes, and engagement,” Journal on Excellence in College Teaching 27(2) (2016): 131-153. [vi] “Overcoming Barriers to Teaching ‘Practical Problem-Solving’.” [vii] Minow and Rakoff.

About Lisa Brem

Search for:

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive weekly notifications of new posts by email.

Email Address

Follow HLS Case Studies

Subscribe to our newsletter

Subscribe to our RSS feed

Et Seq., The Harvard Law School Library Blog
Harvard Negotiation and Mediation Clinical Program
HLS Berkman Center for Internet and Society
HLS Forum on Corporate Governance and Financial Regulation
HLS Program on the Legal Profession
Program on Negotiation

Primary tabs

Case law is law that is based on judicial decisions rather than law based on constitutions , statutes , or regulations . Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.

Case law, also used interchangeably with common law , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue relying on binding precedent . If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, that would be persuasive authority rather than binding authority. Other factors such as how old the decision is and the closeness to the facts will affect the authority of a specific case in common law.

Federalism also plays a major role in determining the authority of case law in a particular court. Indeed, each circuit has its own set of binding case law. As a result, a judgment rendered in the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority. However, decisions rendered by the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal law.

[Last updated in May of 2020 by the Wex Definitions Team ]

ACADEMIC TOPICS
legal history
THE LEGAL PROCESS
criminal procedure
judicial administration
legal practice/ethics
statutory interpretation
civil procedure
legal theory
wex definitions

US South Carolina

This site uses various technologies, as described in our Privacy Policy, for personalization, measuring website use/performance, and targeted advertising, which may include storing and sharing information about your site visit with third parties. By continuing to use this website you consent to our Privacy Policy and Terms of Use .

COVID-19 Update: To help students through this crisis, The Princeton Review will continue our "Enroll with Confidence" refund policies. For full details, please click here.

The Law School Case Method

In the majority of your law school courses, and probably in all of your first-year classes, your only texts will be casebooks—collections of written judicial decisions in actual court cases.

The case method eschews explanation and encourages exploration. In a course that relies entirely on the casebook, you will never come across a printed list of "laws."

Indeed, you will learn that in many areas of law there is no such thing as a static set of rules, but only a constantly evolving system of principles. You are expected to understand the law—in all of its ambiguity—through a critical examination of a series of cases that were decided according to such principles. You may feel lost, groping for answers to unarticulated questions. This is not merely normal, it is intended.

How the Case Method Works

In practical terms, the case method works like this: For every class meeting, you will be assigned a number of cases to read. The cases are the written judicial opinions rendered in court cases that were decided at the appellate level. (The reason for reading cases from courts of appeals or supreme courts is that such cases turn on issues of law, not of fact. If you are charged, tried, and convicted of murder and wish to appeal your case, you do not simply get a whole new trial at a higher level. You must argue that your conviction was improper, not that it was inaccurate.)

Your casebook will contain neither instructions nor explanations. Your assignments simply will be to read the cases and be in a position to answer questions based on them. There will be no written homework assignments, just cases, cases, and more cases.

You will write, for your own benefit, briefs of these cases. Briefs are your attempts to summarize the issues and laws around which a particular case revolves and to make sense of the court's findings in terms of similar cases. One way or another, your law school probably will tell you how to brief a case. If there's an optional seminar, you really ought to attend. In the event that you are left in the dark, it's utterly imperative that you find out how to brief a case. Google it. Ask a second year. Unless you are insanely brilliant, good briefing is really a key to getting good grades. Over the course of a semester, you will try to integrate the content of your case-briefs and your notes from in-class lectures, discussions, or dialogues into some kind of cohesive whole.

From Briefs to Outlines

Typically, you will take your copious briefs and class-notes and create an outline from which you will study for your final exams. Since almost all of your grade for a particular course will rest on your performance on the final, it is essential to establish a system that will allow you to recall the case appropriate for a given legal circumstance within an exam period.

This is especially true since most of your exams will be open book. Once you've see your case-books, you'll understand why having them on the day of the test will not be particularly helpful. Unless, of course, you have your outline handy. Outlines, whether you write your own, create them in a study group, or buy the commercial variety, will be an intrinsic part of this system. Don't neglect them. Your academic success rests on it.

Explore Graduate Programs for You

Explore our featured graduate schools & programs to find those that both match your interests and are looking for students like you.

Best Online JD Programs

Online JD programs offer flexibility, affordability, access to innovative technologies, students from a diversity of career backgrounds, and global opportunities.

Best Online MSL Programs

Master of Studies in Law (MSL) programs are for non-lawyers whose careers in their organizations will benefit from legal training even though they are not required to be practicing attorneys.

Find MBA Programs Matched to Your Interests

Explore our featured business schools to find those that are looking for students like you.

Free MCAT Practice Test

I already know my score.

MCAT Self-Paced 14-Day Free Trial

Enrollment Advisor

1-800-2REVIEW (800-273-8439) ext. 1

1-877-LEARN-30

Mon-Fri 9AM-10PM ET

Sat-Sun 9AM-8PM ET

Student Support

1-800-2REVIEW (800-273-8439) ext. 2

Mon-Fri 9AM-9PM ET

Sat-Sun 8:30AM-5PM ET

Partnerships

Teach or Tutor for Us

College Readiness

International

Advertising

Affiliate/Other

Enrollment Terms & Conditions
Accessibility
Cigna Medical Transparency in Coverage

Local Offices: Mon-Fri 9AM-6PM

SAT Subject Tests

Academic Subjects

Social Studies

Find the Right College

College Rankings
College Advice
Applying to College
Financial Aid

School & District Partnerships

Professional Development
Advice Articles
Private Tutoring
Mobile Apps
Local Offices
International Offices
Work for Us
Affiliate Program
Partner with Us
Advertise with Us
International Partnerships
Our Guarantees
Accessibility – Canada

TPR Education, LLC (doing business as “The Princeton Review”) is controlled by Primavera Holdings Limited, a firm owned by Chinese nationals with a principal place of business in Hong Kong, China.

leiden lawmethods portal

Case study research.

Last update: April 07, 2022

A legal scholar who uses the term ‘case’ will probably first think of a legal case. From a socio-legal perspective, the understanding of this concept is, however, slightly different. Case study research is a methodology that is useful to study ‘how’ or ‘why’ questions in real-life.

Over the last forty years, researchers from sociology, anthropology and various other disciplines have developed the case study research methodology dramatically. This can be confusing for legal researchers. Luckily, both Webley and Argyrou have written an article on case study research specifically for legal researchers. Webley writes, for example, that this methodology allows us to know ‘how laws are understood, and how and why they are applied and misapplied, subverted, complied with or rejected’. Both authors rely upon the realist tradition of case study research as theorised by Yin. Yin defines the scope of a case study as: “An empirical inquiry that investigates a contemporary phenomenon in depth and within its real-life context, when the boundaries between phenomenon and context are not clearly evident”.

Before you start collecting data for your case study, it is important to think about the theory and the concepts that you will want to use, as this will very much determine what your case will be about and will help you in the analysis of your data. You should then decide which methods of data collection and sources you will consult to generate a rich spectrum of data. Observations, legal guidelines, press articles… can be useful. Legal case study researchers usually also rely extensively on interviews. The meaning that interview participants give to their experiences with legal systems can uncover the influence of socio-economic factors on the law, legal processes and legal institutions.

Case studies strive for generalisable theories that go beyond the setting for the specific case that has been studied. The in-depth understanding that we gain from one case, might help to also say something about other cases in other contexts but with similar dynamics at stake. However, you need to be careful to not generalize your findings across populations or universes.

Argyrou, A. (2017) Making the Case for Case Studies in Empirical Legal Research. Utrecht Law Review, Vol.13 (3), pp.95-113

Flyvbjerg, B. (2006.) Five Misunderstandings about Case-Study Research, Qualitative Inquiry 12( 2), 219-245.

Gerring, J. (2004) What Is a Case Study and What Is It Good for? American Political Science Review 98( 2), 341-354.

Simons, H. (2014) Case Study Research: In-Depth Understanding in Context. In P. Leavy (Ed.), The Oxford Handbook of Qualitative Research, Oxford University Press.

Webley, L. (2016) Stumbling Blocks in Empirical Legal Research: Case Study Research. Law and Method, 10.

Yin, R. K. (2009). Case study research: Design and methods (4th Ed.). Thousand Oaks, CA: Sage.

Online Courses and Casebooks

Online courses.

These online courses are for lawyers looking to do a deep dive into a particular area, and for anyone looking to learn about how law works in practice. Offered by Harvard Law School in collaboration with Harvard’s Vice Provost for Advances in Learning and edX, these courses are part of our ongoing commitment to lifelong learning.

Contract Law: From Trust to Promise to Contract

Learn about contracts in this online course from Harvard Law Professor Charles Fried, one of the world's leading authorities on contract law.

Financial Analysis and Valuation for Lawyers

Taught by Harvard Law School faculty, this Harvard Online course is designed to help you navigate your organization's or client’s financial goals while increasing profitability and minimizing risks.

Bioethics: The Law, Medicine, and Ethics of Reproductive Technologies and Genetics

An overview of the legal, medical, and ethical questions around reproduction and human genetics and how to apply legal reasoning to these questions.

Justice Today: Money, Markets, and Morals

Led by award-winning Harvard Professor Michael J. Sandel, this course will take a deep dive into various “needs” and whether they abuse market mechanisms.

Introduction to American Civics

Presented by Zero-L, this is HLS's short introduction to American Law and Civics.

The course explores the current law of copyright; the impact of that law on art, entertainment, and industry; and the ongoing debates concerning how the law should be reformed.

A networked course on patent law hosted jointly by Harvard Law School, the Berkman Klein Center on Internet and Society, and the HarvardX Distance-Learning Initiative.

HLS Executive Education Online Programs

Computer science for lawyers.

Computer Science for Lawyers will equip you with a richer appreciation of the legal ramifications of clients’ technological decisions and policies.

International Finance: Policy, Regulation, and Transactions

International Finance will give participants a framework for thinking about the policy issues that will shape the financial system of the 21st century.

Additional Online Resources

Constitutional rights in black and white.

A video casebook about the legal decisions that define and govern our constitutional rights. Each video tells the story of an important Supreme Court case, and then shows you how to read the case yourself.

Open Casebook

The case studies.

This program publishes and distributes experimental materials developed by HLS faculty for HLS courses.

Looking for more options?

Additional course offerings are available through our Executive Education and Program on Negotiation.

Executive Education Programs

Program on negotiation.

Find a Lawyer
Ask a Lawyer
Research the Law
Law Schools
Laws & Regs
Newsletters
Justia Connect
Pro Membership
Basic Membership
Justia Lawyer Directory
Platinum Placements
Gold Placements
Justia Elevate
Justia Amplify
PPC Management
Google Business Profile
Social Media
Justia Onward Blog

US Case Law

The United States Supreme Court is the highest court in the United States. Lower courts on the federal level include the US Courts of Appeals, US District Courts, the US Court of Claims, and the US Court of International Trade and US Bankruptcy Courts. Federal courts hear cases involving matters related to the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute.

Each state has its own judicial system that includes trial and appellate courts. The highest court in each state is often referred to as the “supreme” court, although there are some exceptions to this rule, for example, the New York Court of Appeals or the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law and regulations, although state courts may also generally hear cases involving federal laws. States also usually have courts that handle only a specific subset of legal matters, such as family law and probate.

Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. For example, a decision by the US Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) is not strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by one district court in New York is not binding on another district court, but the original court’s reasoning might help guide the second court in reaching its decision.

Decisions by the US Supreme Court are binding on all federal and state courts.

US Federal Courts

Reported opinions from the us federal courts of appeals.

Federal Reporter, 2nd Series (F.2d) (1924-1993)
Federal Reporter, 3rd Series (F.3d) (1993-present)

Opinions From the US Federal Courts of Appeals

US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Tenth Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Federal Circuit
US Court of Appeals for the Armed Forces
US Court of International Trade
US Foreign Intelligence Surveillance Court of Review
Bankruptcy Reporter (B.R.) (1980-present)
Federal Reporter, 2nd Series (F.2d) (1924-1932)
Federal Supplement (F. Supp.) (1933-1998)
Federal Supplement, 2nd Series (F. Supp. 2d) (1998-present)
Connecticut
District of Columbia
Massachusetts
Mississippi
New Hampshire
North Carolina
North Dakota
Pennsylvania
Rhode Island
South Carolina
South Dakota
West Virginia
US District Court for the District of Guam
US District Court for the District of Puerto Rico
US District Court for the District of the Northern Mariana Islands
US District Court for the District of the US Virgin Islands
Emergency Court of Appeals (1942-1974)
US Court of Appeals for Veterans Claims
US Court of Claims (1855-1982)
US Court of Customs and Patent Appeals (1909-1982)
US Court of Federal Claims
US Tax Court

State Courts

Foreign and international courts.

Australia Courts
Canada Courts
Israel Courts
United Kingdom Courts
International Courts
Bankruptcy Lawyers
Business Lawyers
Criminal Lawyers
Employment Lawyers
Estate Planning Lawyers
Family Lawyers
Personal Injury Lawyers
Estate Planning
Personal Injury
Business Formation
Business Operations
Intellectual Property
International Trade
Real Estate
Financial Aid
Course Outlines
Law Journals
US Constitution
Regulations
Supreme Court
Circuit Courts
District Courts
Dockets & Filings
State Constitutions
State Codes
State Case Law
Legal Blogs
Business Forms
Product Recalls
Justia Connect Membership
Justia Premium Placements
Justia Elevate (SEO, Websites)
Justia Amplify (PPC, GBP)
Testimonials

How to Prepare for Law School
Reading a casebook
E-mail This Page
Print This Page

How to Read a Law School Casebook

Excerpt reproduced from guide to the study of law: an introduction , second edition (lexisnexis 2001) by l.h. larue chapter 2: reading the law school casebook.

In the first chapter, I talked about rules, and in particular, about getting used to the way that lawyers use rules as the starting place for an argument. In passing, I mentioned “cases.” I said that arguments were presented in cases, but I didn't explain what a case was. However there are some things that need to be explained; let me start with the most obvious and simplistic facts. In law school, law students study from casebooks.

There are textbooks for most courses; these textbooks are useful; for example, they are a convenient reference when one starts a research project. However, we don’t usually deal with the textbooks in class; instead, in class we deal with casebooks, and the cases. Consequently, beginning law students must learn a new skill, how to read cases. The art, or skill, of reading a case well is less difficult than is the skill of reading well when one reads a poem or a mathematical proof. However, there are difficulties, many of which rest on the fact that the beginner lacks knowledge of many of the relevant background facts that those who are more experienced take for granted.

In the chapter on rules, I have already given some advice that is useful in reading cases, namely, that one must be alert to the possibility that there will be some unusual and perhaps even startling “moves” in the arguments that are presented. The judicial opinion goes along routinely, and then there are some surprises. The argument takes a turn that can surprise one who is new to the game. One must be alert for such twists and turns. In addition, there are some other things that are good to know: first, there is some useful information about courts; and second, there is some advice about technique. Picking up the relevant background information is rather easy, but learning good technique is harder.

§ 2.01 Background Information

One should start by asking: What is a case?, and how is it produced? The word “case” is a shorthand expression, and like all shorthand expressions it can be misleading.

When we refer to a “case,” we are speaking of the “opinion” written by the judges of an appellate court. (By the way, there are some interesting historical questions about the judicial practice of writing opinions. Why did it develop? How has it changed? What differences in this judicial practice can one discover? Are the differences important?)

This phrase, “appellate court,” is a technical phrase among lawyers. Like most technical phrases, it is meant to mark off a distinction, and in this case the distinction is the contrast between a trial court and an appellate court. When people go to court and fight for their rights, they go to a trial court. Appellate courts don't try cases; they hear appeals from the trial courts.

It follows that three things have to happen before we ever get an appellate opinion. First, someone must take a problem to court, and this problem, this dispute, must go all the way through the trial process. Second, the outcome of this trial process must be unsatisfactory to at least one of the participants in the trial, and this lack of satisfaction must be intense enough to lead to an appeal. And finally, the appellate court must take the case, decide it, and write an opinion. In other words, an appellate opinion is a rare event in the totality of legal events. Rare is perhaps not the best word, but I want to emphasize that appellate courts and their opinions are a small part of the world of the law. The rarity of the appellate opinion can be illustrated, although not explained, by statistics.

Of course, statistics won't show the number of times people do not take disputes to court, and so any statistical analysis must begin a few steps too late in the overall process of law. We have no statistics on the number of times people go to a lawyer’s office and are told not to sue.

Furthermore, we have no statistics on the number of times people have disputes and do not even consult with a lawyer. However, let us ignore these limitations and summarize the statistics that we do have, using the information for a recent year.

The statistics for the courts of the United States, the national or “federal” courts, are set forth in the Statistical Abstract of the U.S., which is published by the Bureau of the Census. In the 1999 volume, the most recent set of numbers cover the year 1997. (Tables 370, 371, and 372.) There are three levels of courts in the national system: the District Courts, which is the place one goes to start a lawsuit; the Courts of Appeals, which review the work of the District Courts; and the Supreme Court, which reviews the work of the Courts of Appeals and of the Supreme Courts of the several states. As one goes from the bottom to the top, the number of cases filed drops dramatically. Rounding off the numbers, one goes from 300,000 to 50,000 to 2,500. (Actually, the Supreme Court has a total of 7,500 cases filed, but about 5,000 of those are pauper cases, filed by prisoners who lack money, and these cases get only cursory review, so I have subtracted them from the total.) And if one looks at the numbers for the state systems, the numbers are even more dramatic. In other words, when we look at the cases decided by the United States Supreme Court, or by the Supreme Court of one of the States, we are looking at the tip of the iceberg.

Furthermore, the statistics understate what a rare event a Supreme Court case (national or state) really is. Consider the beginning of the whole process, the act of taking a problem, a dispute, to court. This is a rare event. People do not generally take their legal problems to court. (I know that we Americans have the reputation for being litigious, and compared to the rest of the world, we are. But even so, most disputes are not taken to court.) People sometimes fail to sue because they are afraid to sue, or they just do not want to cause trouble, or maybe they can’t afford to sue, or it could be that they are ignorant about what one needs to do to take a lawsuit to court. It may be unjust that this is so, but failing to sue because of inertia, poverty, or ignorance is common.

However, sometimes the failure to go to court is based on better reasons. For example, there may have been negotiation and compromise, and if the process of negotiation was fair and accompanied by good faith, then the out of court settlement is probably just.

At any rate, whatever the explanation, most legal disputes are not taken to a court of law.

Even if a dispute is taken to a court, it is not likely that it will be appealed. Once it gets to court, the parties may decide that it is in their interest to forgo the trial and settle. Alternatively, the judge may give a decision that is satisfactory. And of course, an appeal costs money, so even those who are unsatisfied may not appeal. In short, there are good reasons why a case may not be tried and then, even if it is tried, there may be good reasons why it is not appealed.

Finally, if it gets to the appellate court, we still may not get an opinion. The appellate judges may give the case a rather summary treatment: they may decide that the appeal is frivolous and so they might refuse to look at the case; or if they look at it, they may dispose of it by way of a simple order, and they may publish no more than two or three lines of explanation about what they are doing. Consequently, a full dress opinion, the sort of thing that one reads in casebooks, is not routine, even if the case gets to the appellate level. For example, consider the 2,500 cases in the United States Supreme Court; in only 100 of those will there be a full oral argument by counsel and formal written opinions by the court.

If I could use a metaphor, I would say that the appellate opinion stands to the world of the law as the autopsy report stands to the world of medicine. So long as one is alive and well, and indeed, even if one is sick, there is no autopsy report. If there is a death, it is still not likely that there will be an autopsy report; the percentage of deaths in which there is an autopsy report is rather small. And finally, even if we get an autopsy, it may be rather summary, and the report may be highly abbreviated.

Since the appellate opinion is such a small slice of the law, there is a sense in which the study of the appellate opinion is not the study of the law in any simple (or simplistic) sense of that phrase, “the study of law.” Instead, one uses the appellate opinion as a lens through which to look at the larger world of the law. Like any lens, it distorts, but sometimes it can focus events and put them into an interesting perspective. Looking through this lens, one can see lawyers and judges at work, although one can only see part of their work; furthermore, we can focus the lens on different slices of the part.

Consequently, different professors are able to use cases to focus on different aspects of the law. Some of us are interested in the logic of the ideas and concepts that are used in legal rhetoric. Others of us are interested in the political agenda of those who try to use the law for social purposes. Some of us are interested in the historical developments of the law; others in its current consequences. One can use the lens of the appellate opinion to focus on any of these things, and indeed, on many other things.

However, regardless of these differences, the case is the starting place, and there are difficulties that arise for most students because of certain features of an appellate opinion.

§ 2.02 The Fundamental Difficulty in Reading Opinions

The main problem that a beginner has arises from the following fact: the opinions were not written with the law student in mind. The opinions were written by judges for other judges, and for lawyers. For example, a lawyer will take a case on appeal and will argue that the judge made a mistake at trial. In the appellate opinion, this question of the alleged mistake will be the focus of the discussion, and the appellate judge is not going to spend very much time talking about the undisputed matters. However, law students routinely have trouble understanding the importance of the disputed question unless they also understand the background of undisputed questions of law that are not being discussed. The beginner is thrown into the world of the law, and quite often, into the deep end of the pool.

I can put the problem by way of a hyperbole: law students study law by reading opinions that are written on the assumption that they already know law. It's sort of like learning to ride a bicycle by jumping on and starting to ride. There is no way to start except by starting; a legal dictionary will help; it will also help if one can tolerate ambiguity and uncertainty. It may also help if one remembers that dealing with unstated assumptions is something that one has done rather often in life. In any conversation, people say things that make sense only against a background of common understandings, which are unstated. When one reads historical documents, such a speeches, letters, and diaries from time past, one often has to do a little digging to discover those things which are taken for granted and left unsaid, but which are also essential to understanding the words that have come down to us.

Perhaps I can illustrate this phenomenon by going back to the burglary example of Chapter One. Imagine a case in which the facts are clear that the defendant broke into the victim’s dwelling, in which the facts are also clear that the defendant stole something while in the dwelling, but in which the facts are not at all clear, indeed, highly ambiguous, about when the defendant informed the intent to steal. If the defendant were to be convicted, we can imagine an appeal in which the defendant's lawyer would argue that the jury's resolution of the ambiguity was unreasonable. Since I have discussed this hypothetical already, one who has read Chapter One will understand why the issue of timing, of when the intent was formed, is so crucial. But imagine someone coming to the appellate opinion without the background of reading Chapter One. Unless one knows that the actus reus and the mens rea must happen at the same time, then any discussion of when the defendant formed the intent to steal will seem bizarre (we do not normally discuss the timing of an intent), and yet the author-judge of the opinion might fail to spell out the assumption that compels a discussion of “the when” of an intent. To an insider, the assumption is obvious and need not be stated; to the beginner, who is an outsider scrambling to get in, the assumption will not be obvious.

There is no easy way to deal with unstated assumptions, and so I have no simplistic recommendation. Sometimes one must “wing it.” Sometimes the only thing to do is to just read the material and hope that all will become clear in class. A more promising strategy is to ask others. Perhaps a classmate knows the crucial unstated assumption; discussion of the material, both before and after class is quite likely to improve ones understanding. Perhaps a second or third year student will help. Furthermore, the instructor and the editors of the casebook may have recommended collateral reading; sometimes these materials have the missing key. Sometimes all that one needs to do is to re-read the case. Perhaps one read too quickly and did not notice a crucial detail. But by far the most important thing is not to panic. Everyone who has ever gone to law school has had the same problem; we all got through it. I can guarantee that the problem of unstated assumptions will become less severe as time passes.

§ 2.03 Breaking a Case into its Elements

Given the difficulty of teasing out the unstated assumptions, one needs a good technique for reading the cases and preparing for class. Since one is being thrown into the deep end of the pool, it is prudent to wear a “life preserver.” Thrashing about aimlessly is both tiring and dangerous; it is better to have a good strategy. As a general rule, the best strategy is “divide and conquer.” The big problem, as I have just stated, is to learn the assumptions that underlie legal argument, but attacking this problem head on can be frustrating; the problem is too big. So one should break the problem down into pieces that are small enough to be within one's grasp. The immediate problem is reading cases in order to prepare for class, and so one needs to break down the big problem into a series of smaller problems by having a disciplined technique for dissecting cases. The time honored technique is called “briefing a case;” one writes a short, that is, brief, outline of the salient features of the case. However, there is more than one way to brief a case; what follows is my advice, not everyone’s advice.

I recommend that one begin by focusing on the overall structure of the case; one should try to understand the overall picture of: (1) what has happened that has provoked someone to take this case to court; (2) what happened at the trial court that has provoked someone to appeal; (3) what did the higher court do with this case. (By the way, there are manuals that describe a more complicated way of briefing a case. I think that the customary advice of these standard manuals is too complicated for the beginner, and so I have an alternative proposal. However, caveat emptor : the reader should be warned that my advice is somewhat non-standard.)

In other words, one should understand the history of the case. There are three stages: (1) from the world to the lower court; (2) from the lower court to the higher court; (3) from the higher court to a disposition. One should break down the opinion and identify which parts of it talk about each of these three stages of the case.

When one writes up a brief, one should be brief; don't try to write down everything; write down the essence of the matter. My advice is to concentrate on the movement, the “from-to” of a move. (1) From the world to the court: not everything that has happened in the world, but the things that have happened that have led someone to go to court. (2) From lower to higher: not everything that the trial judge did, but the things done that are the basis for the appeal. (3) From higher to disposition: not everything that is said, but the core of it, the key move in the argument that yields the result.

§ 2.04 From the World to the Trial Court

Breaking the opinion down in the way that I have just suggested is not too hard. At first, it is confusing, but anything that is new will normally require some experience before one becomes handy at it. However, there is a subtlety here that is tricky, and experience alone will not make it easy. The tricky and difficult aspect of briefing a case is something that a beginner is not likely to appreciate, that is, the technical vocabulary. Since this is so important, I wish to emphasize its importance.

Consider the first stage, the movement from the world to the trial court. My advice, as set forth above, was that one should ask: what happened that led someone to take this case to court? The problem here is: how do we describe what happened? Do we describe the “what happened” using the ordinary colloquial vocabulary of the average speaker of English? Or do we use the technical vocabulary of the law? The best answer is – both. But the minimum answer is – use the technical vocabulary. Let me explain what is at stake in answering this question, since the answer that I have just given may seem rather confusing.

Suppose that a Good Guy says that a Bad Guy ran into him with an automobile. We can describe this event in many different ways. An automotive engineer would probably describe it rather differently than would the average person. However, if we take this case to court, it will be described in both the ordinary idiom of the witnesses and in the language of the law. For example, are we to say that the Bad Guy committed a crime, for which he may be fined or imprisoned? If so, then we must use the technical vocabulary of the criminal law. (What are the elements of the offense for which the Bad Guy has been charged? What sort of proof must the prosecutor introduce to prove these elements?) On the other hand, we might be saying that the Bad Guy committed a civil wrong for which he might have to pay damages, and then we would have to use the vocabulary of the law of torts. (The plaintiff’s lawyer must prove the elements of the claim? What are they?) In this lecture, I cannot even begin to introduce the complexity of this vocabulary. But I do wish to insist upon its importance.

Perhaps the metaphor of “translation” will be helpful. When things that happen in the world are taken into court, they are “translated” in several senses of that useful word. In the physical sense (“to translate” is “to carry across”), we take the witnesses and documents into the courtroom and present them to the judge and the jury. And in the linguistic sense, which is the sense that I wish to emphasize, we substitute legal language for colloquial language. Of course, people do speak colloquial English in courtrooms; indeed, on a percentage basis, colloquial phrases outnumber technical ones. However, those sentences that are strategically and tactically crucial are technical.

Recall that in the last lecture I discussed a hypothetical in which someone sawed the lock off a garage door, opened it, and walked in. When the case like this is presented in court, we say that the defendant is charged with “burglary” and that the act that I have just mentioned – sawing through the lock, etc. – is described as “breaking and entering.” In the context of this lecture, I would like to emphasize that one must master this technical vocabulary. We translate the events into the technical language of the criminal law.

There are two mistakes that a beginner can make: ignoring the technical jargon; becoming seduced by it. One can't ignore it. When cases are presented in court, lawyers do not present them as generalized grievances. The plaintiff in a civil case, and the prosecution in a criminal case, do not present a generalized argument that the defendant is a bad guy who has done bad things. Instead, specific legal claims are presented, and there is no way that one can assert a specific legal claim without using the language of the law.

However, one must not be seduced by this language; one must not fall into the trap of supposing that this legal jargon can be taken at face value. Consider again the phrase “breaking and entering.” It has some meanings in the law that will surprise you and that are completely unpredictable. The colloquial sense of the word “breaking” connotes some violence and force; however, when you study criminal law, you will find out that entries that seem quite peaceful, to the ordinary eye, are classified as a “breaking.” This phenomenon of unanticipated meanings is routine, but if you have studied a foreign language and considered problems of translation, it should not be a total surprise to you. Perfectly ordinary words, such as “carry” or “work,” can have radically different connotations in different languages.

I wish that I could say more about the process of “translation,” but I cannot do so unless I exceed the scope of an introduction. The techniques for translating ordinary grievances into legal claims are the core of the lawyer’s art, and indeed, the study of this art will be one of your principal tasks. However, I cannot anticipate here the full range of what you will study in law school, so let me move to the next step in briefing, about which it is possible to be more specific.

§ 2.05 From the Trial Court to the Appellate Court

The next stage in a case, the next step toward having an appellate opinion, is the trip from the lower court to the higher court, from the trial court to the appellate court. The historical explanation is simple enough; those who have lost think that they should have won, and they can afford to appeal. But there is a problem here. One can’t go to the appellate court and say that the trial judge was a jerk and an idiot, and then argue that the appellate court ought to go through the case all over again and do justice.

The simplest reason that one can't make such a straightforward plea is a reason of time and other resources. If the higher court judges were to make a practice of re-trying the cases that lower court judges have already tried, then we would need as many appellate judges as we have trial judges. But we have far fewer. Given the statistics, one can't ask the appellate courts to redo what has already been done, which is try the case. Instead, one does something that has a more limited scope; the lawyer who manages the appeal must point out some particular error that the trial judge has made. It is not enough to complain about the result generally. One must be particular; one must point to some particular act that the trial judge did in the course of the trial and say that this particular act was an error.

Of course, as a practical matter, the only reason for caring about an error is that one cares about the result. The result is what counts. However, the lawyer must “translate” the client’s displeasure with the result into more formal terms. Just as lawyers take generalized complaints about what happened in the world and translate the complaints into legal claims, so too lawyers take a generalized disappointment with the results in trials and translate them into assignments of error. To be sure, one must complain about the result; however, one does not complain about it directly. One complains about the result via an error. One tries to identify an error that has led to a bad result, i.e. , to an error that has harmed the client.

This limitation, i.e. , that one must specify a particular error, is not a logical requirement; it is a practical requirement. But at any rate, for a lawyer, it is a requirement, it is one of the facts of life. Since it is a requirement, the law student must read cases with this particular fact, this fact of life, in mind. As you read the case, ask yourself: what is the error about which the lawyer is complaining? As to this, I can offer specific advice, since the errors which one may allege, the so-called assignments of error, are limited in number. My advice is to think about the case in terms of the sequence of its drama; the progress of a case is highly stylized; the drama varies from case to case, but the sequence is always the same. Let me now describe this sequence; I shall describe a civil case with a jury, ignoring non-jury trials and criminal trials.

The case always starts with the plaintiff filing a pleading. At this point, the defendant can object. The defendant can say: “Why that’s the silliest piece of paper that I have ever seen; even if you believe everything in it, I still haven’t done anything wrong.” Of course, it will be said more formally, and some special jargon will be used; however, that is the gist of what might be said. At this point, the judge must rule; the judge must say whether this assertion is well founded. The judge can rule in favor of either side; whichever way the judge rules, someone will be unhappy, and it may be that this ruling about the pleadings is the error that is assigned on the appeal.

But then again, maybe it isn't; it may be that the next stage of the trial is the problem.

The next stage of the proceedings are called the “pre-trial.” We call everything that follows the pleadings but precedes the actual trial, the part where the witnesses get up and tell their story, by the name “pre-trial.” Lots of things happen at pre-trial; we decide what the issues are going to be, gather evidence, and so forth. Needless to say, something can go wrong at this stage, and the assignment of error may relate to this. For example, one might ask for the right to inspect an opponent’s records, and inspection might have been denied.

The next stage is the trial itself. At this point, each side will put forth its witnesses, its documents, and so forth. And of course, there can be lots of complaints about this process. As for the evidence that is let in, there will be arguments that it should have been kept out. As for the evidence that was kept out, it can be argued that it should have been let in.

After the evidence is in, we can get another round of assertions that the case should be ended. The defendant can say: “Well, now that you have seen the evidence, you can see that I was right; there is nothing to this case.” The plaintiff will argue in response to this that the case must go to the jury. Alternatively, the plaintiff might say: “The evidence is overwhelming; you ought to give me a victory right now.” And defendant can counter that it must go to the jury.

The trial judge will have to rule on these assertions, and the assignment of error might be about these rulings. In other words, the trial judge may rule that the case overwhelmingly favors either the plaintiff or the defendant, or alternatively, the judge may rule that the case should go to the jury. No matter which of these three possibilities is chosen, someone may assign it as error.

If the judge lets the case go to the jury, then there must be what we call “instructions.”

The judge has to tell the jury what the law is; we call this, giving instructions to the jury, or instructing the jury. By now, you know how my story goes; one can object to these instructions, claiming that they are erroneous.

All of this may sound very complicated, but it only sounds complicated because it is new.

Furthermore, it must seem as though a lawsuit is like a minefield; there are too many ways to make an error. True enough, but there is a redeeming fact; most errors don’t make any difference to the way that things come out, and one does not have to worry about harmless errors. (In your courses, you will learn the details about the “harmless error” principle.)

The most important thing for a law student to know is that the trial goes through its stages, and that lawyers who take cases to an appellate court are arguing that the trial judge made a mistake at one of these stages. Furthermore, I can simplify the possibilities: very few civil cases involve an appeal on the grounds of the pleadings or the pre-trial. Most appeals are about the trial itself.

As for the trial, one can ask three questions, and these will suffice for most of the cases in the casebooks. The judge made decisions about whether to admit or exclude evidence: Is the appeal on these evidentiary decisions? The judge made a decision about whether to let the case go to the jury: Is the appeal about this? The judge made decisions about how to instruct the jury: Is the appeal about these instructions?

If one breaks it down in this way — Was the right sort of evidence admitted?, Did the evidence create a jury question?, How should the jury be instructed? — then one will be able to sort through the technicalities of most cases. I am frank to admit that these technicalities sometimes get in the way of doing justice; one must read with this in mind. However, you must master these technicalities; the question is whether you master them, or let them master you.

§ 2.06 The Appellate Court Reaches a Result

The third stage of the process is the appellate court and its opinion. What did they do with the case? There is not much that they can do, so this is a fairly straightforward question; they can approve or disapprove of what was done. If they approve, then they can let stand what was done. If they disapprove, then they can send it back and tell the trial court to do something different.

Recall what was said about the comparison in numbers between trial judges and appellate judges: appellate judges do not re-try the case. When I made this point before, I was emphasizing the relevance of these statistics to the practice of appeals; I said then that one couldn't get the appellate judges to look at the whole case; one had to point out some error.

These statistics are still relevant, but now in a different context. Suppose one has convinced the appellate judges that an error was made. Will they step in and try to correct the error themselves? No. They will send it back to the trial judge and have that judge do something. For example, suppose that the appellate judges think that the case should have been dismissed. They will not dismiss it. They will send it back to the trial judge with instructions for the trial judge, telling that judge to dismiss the case.

Once one understands what the appellate judges have done, then the next task is understanding why they did it. They will give many reasons; sometimes they write long opinions that have all sorts of reasons. The student's job is to pick out which of these are most important. Of course, this may require that one “read between the lines.” Sometimes judges are reluctant to be frank about how they have decided a case. Another possibility is that the judges were willing to be frank, but that they have not expressed what they are doing with clarity. A good deal of class discussion will be about this problem of the “real” reason.

Have questions about law school? Check out our Facebook page , follow us on Twitter or start networking with law students and lawyers on LexTalk .

Legal Research & Practical Guidance

Build your legal strategy and do vital work using authoritative primary law, analysis, guidance, court records and validation tools.

Search vast LexisNexis resources without selecting sources or using search commands.

Federal and state court dockets and documents for research, tracking, and profiling.

Practical Guidance

Current practical guidance from leading practitioners for managing transactional matters.

Lexis Securities Mosaic

Track and analyze SEC filings, U.S. agency information, industry news and current awareness.

News, Company Research & Media Monitoring Solutions

Quickly uncover up-to-date facts, news and insight essential to your decisions and business development.

LexisNexis Newsdesk

A fresh take on media monitoring & analysis to help you find the hidden gems that can impact your business.

Current, authoritative news, social media, company, financial and industry sources.

Media Intelligence Research & Analytics

Identify prospects and compile business profiles that help you close more deals.

Lexis Diligence

Corporate due diligence research tool.

Intellectual Property

Stay up to speed with trends, track your competition, promote innovation and protect your intellectual assets.

TotalPatent One

The world's largest collection of full-text and bibliographic patent databases.

Patent Advisor

Predictive and revealing analytics for more efficient patent prosecution.

PatentOptimizer

Patent application drafting and analysis tools.

The CaseMap Suite of Litigation Tools

Comprised of four unique components, the CaseMap Suite can help you organize, analyze and present your entire case.

Compile relevant case facts, documents, research and issues into a centralized location for better assessment.

Manage litigation documents—share, search, review, produce, etc.—across your discovery team.

Quickly assemble your data and produce impactful timelines for pennies apiece.

See case presentations from a new angle with technology-driven Sanction software.

Practice & Legal Department Management

Address the business side of your legal activities with solutions to manage, track and analyze matters, finances, critical processes, relationships and performance.

CounselLink

A centralized repository for matter, e-billing and spend management.

Dashboards that display, track and manage your practice, clients and business tasks.

TimeMatters

Organize, associate and track case contacts, documents, events, phone calls, billing, etc.

InterAction

Comprehensive customer relationship management system for law firms.

Compliance & Due Diligence

Stay on top of regulatory and legislative changes, perform due diligence and manage compliance with ease, speed and confidence.

Customizable tools for tracking and reporting legislative and regulatory activity.

IntegraCheck | Integrity Due Diligence

In-depth due-diligence investigation reports.

Just for you Solutions & resources for your organization, department, role or individual work:

Corporate Communications
Information Professional
Marketing & Competitive Intelligence
Media Organizations
Political Organizations
Third-Party Due Diligence
Sales & Business Development Professionals
Strategy & Business Development Professionals
Non-Profit Organizations
Professional Services
Technology Professionals
Librarians & Information Professionals
Paralegals & Legal Assistants
Marketing Directors
Law Department Management
Litigation Management
Tax Accounting
View All »
Faculty & Adminstration
Public Libraries
University & High School Students
Law School Student Publications
Portal Sign In

Browse by Industry

Financial Services
Health Care
Life Sciences
Manufacturing
Retail & Sales

Browse by Department

Corporate Compliance
Corporate Counsel
Procurement & Supply Chain
Tax & Accounting

Visit the LexisNexis Store to purchase products that will assist you in your professional success Shop by :

Jurisdiction
Practice Area
Banking Compliance
Immigration
Real Estate
Workers' Comp
Business Solutions
Partner Products
American Health Lawyers Association
NITA: National Institute for Trial Advocacy
The Florida Bar

Support & Training

Quick links.

Lexis+ Support
Lexis Support
Nexis Support
Practical Guidance Support
CourtLink Support
Lexis Securities Mosaic Support
Digital Library Support
LexTalk: Gain peer-to-peer, product support
LexisNexis University
Request Telephonic Training
Support Center Resources
Training on the Go

Communities & Blogs

Our Blogs and Communities feature a broad array of trending news and topics within socially interactive environments. Connect, explore and find the answers you need to further your goals.

Blogs & Newsletters
Blog Mosaic
Business of Law Blog
Corporate Law Advisory
Legal Content Insider
State Net Capitol Journal
News & Trending Topics
Legal Insights & Trends
Practical Guidance Journal
Professional Communities
Business Insight Solutions – Partner Portal
Corporate InfoPro (Corporate Information Professionals)
InfoPro (Legal Information Professionals)
LexisNexis for Developers
Litigators Verdict & Settlement Exchange

PRO Courses Guides New Tech Help Pro Expert Videos About wikiHow Pro Upgrade Sign In
EDIT Edit this Article
EXPLORE Tech Help Pro About Us Random Article Quizzes Request a New Article Community Dashboard This Or That Game Popular Categories Arts and Entertainment Artwork Books Movies Computers and Electronics Computers Phone Skills Technology Hacks Health Men's Health Mental Health Women's Health Relationships Dating Love Relationship Issues Hobbies and Crafts Crafts Drawing Games Education & Communication Communication Skills Personal Development Studying Personal Care and Style Fashion Hair Care Personal Hygiene Youth Personal Care School Stuff Dating All Categories Arts and Entertainment Finance and Business Home and Garden Relationship Quizzes Cars & Other Vehicles Food and Entertaining Personal Care and Style Sports and Fitness Computers and Electronics Health Pets and Animals Travel Education & Communication Hobbies and Crafts Philosophy and Religion Work World Family Life Holidays and Traditions Relationships Youth
Browse Articles
Learn Something New
Quizzes Hot
This Or That Game New
Train Your Brain
Explore More
Support wikiHow
About wikiHow
Log in / Sign up
Education and Communications
Law Studies

How to Analyze Case Law

Last Updated: January 21, 2023 Fact Checked

This article was written by Jennifer Mueller, JD . Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. There are 7 references cited in this article, which can be found at the bottom of the page. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 125,890 times.

When you hear the word "law," you may assume the word refers to statutes passed by Congress and state legislatures. But a major portion of American law actually is case law – the rules appellate judges distill from their interpretation of statutes and other sources. Accordingly, much of law school is spent learning how to analyze case law. However, attending law school isn't strictly necessary to acquire this valuable skill. You can teach yourself how to analyze case law, which begins – but doesn't end – with a thorough reading of the court's written opinion.

Summarizing the Facts

The first time you read through a case, don't worry about trying to understand it. Just read for a sense of what's happening, who the major parties are, and what they want the court to do.
Keep in mind that legal opinions aren't written for laypeople, or even for law students or attorneys – they are written for other judges. If you don't understand something (assuming you're not an appellate court judge), there's nothing wrong with that.
You may have to go outside the opinion itself and look at other articles about the case, and then come back to it. For example, if you're reading a case that caused quite a stir in the media when it was decided, there will no doubt be newspaper and magazine articles about it. Reading those can help you better understand the court opinion.
Many cases have summaries that appear before the case and let you know the basics of what happened, the issue before the court, and how the court resolved that issue. The summary can be helpful, but don't use it as a substitute for an initial read-through of the case.

To make party identification even more confusing, party names may switch sides of the "v." in the case caption depending on who appealed. For example, suppose when a case began, Sally Sunshine sued Marvin Moon. The case's caption would be "Sunshine v. Moon." The trial court found in favor of Ms. Sunshine – but Mr. Moon appealed. The caption then became "Moon v. Sunshine."
To continue the example, suppose the appellate court found in favor of Mr. Moon, but Ms. Sunshine appealed that ruling to a higher court. Now the case's caption is "Sunshine v. Moon" again.
Since litigants in written opinions typically are only identified by their roles – appellant and appellee, for example – their names may only be mentioned once.

Step 3 Outline the case's procedural history.

Since the procedural history determines the role of the litigants, and thus what each of them is called throughout the written opinion, understanding how the case moved through the court system – who sued whom, and who appealed – is paramount to understanding the case.
At the same time, you don't need to go into too much detail here. You just need to understand who filed the original lawsuit (which will help you understand the facts of the case), the decision at trial, and who appealed and why.

At the appellate level, the courts are concerned with legal issues, not questions of fact. So, for example, if you are reading a case that came about as a result of a bar fight, the factual question of whether one party assaulted the other has already been resolved.
In many cases, the initial facts that prompted the dispute may be summarized in a sentence or two. Often, what's really important is what happened afterward.
Keep in mind that not all judges are the best writers. While you may be tempted to believe a particular fact is important because the judge who wrote the opinion spent several paragraphs discussing it, this is not necessarily the case.
As you read more and more cases, particularly if the cases you read are focused on a particular court, you will become familiar with the styles of individual judges. This can make it easier for you to immediately notice when the judge is focusing on facts he or she believes are central to the case's holding.

Identifying the Issue and Decision

Step 1 Determine the legal issue raised by the facts.

Essentially, you're looking for what the person who appealed the lower court's ruling wanted to happen, that didn't. To find the issue, you must figure out what that person thought the lower court did wrong, and why.
This usually isn't about something as simple as one person believing he should have been awarded more money, or a criminal defendant not wanting to go to jail. That might be part of an appellant's personal motivation, but to have a legitimate appeal you must be able to point to some way that the lower court made a legal error.
In many cases, the legal error isn't an obvious error. The lower court may have applied the law correctly – but the appellant is arguing that her case is different from the cases that developed the rule the lower court used, or that the lower court should have used a different rule.
Often in Supreme Court cases, there isn't a rule that can be handed down from previous cases and applied in this case, because no court has ever decided a case like this one. In these situations, it's up to the court to figure out how to tackle this new issue, and where it fits in to the long line of American jurisprudence.

Step 2 Phrase the issue as a yes/no question.

In some cases, the issue before the court involves multiple yes/no questions, or a follow-up question that is conditional on the answer to the first.
This usually happens when a particular factual situation present in the case has never been explored by any other court. The court must first determine whether a particular law applies to that factual situation at all before it can decide how the law applies.
For example, suppose a baker has been fined by the local government for creating cupcakes with expletives written in icing. The court may first have to determine whether icing on cupcakes is the sort of speech or expression protected by the First Amendment, before it can reach the real issue of whether the baker's First Amendment rights have been violated.

Step 3 Provide the court's answer to the question.

Some judges have a very clear, straightforward writing style, and they'll phrase the issue as a question and answer it directly. However, this isn't usually the case. In most written opinions, you should expect to dig for the question and answer, which you'll have to craft yourself.
When more than one question is asked, sometimes the answer to the first takes care of all the others. To look at the earlier cupcake-icing example, if the court had determined that no, icing on cupcakes is not protected by the First Amendment, the second question disappears. You don't have to consider whether the baker's First Amendment rights were violated by the fine, because she didn't have any First Amendment rights in the first place.
When the answer is qualified with a "sometimes," any conditional questions that follow likewise will have qualifications. #Note any significant dissents. In many cases, particularly at the Supreme Court level, a justice who disagrees with the majority will issue a dissent. As time passes and court interpretation evolves, a significant dissent may end up being a majority opinion later on when the court reverses or overturns an earlier decision. [12] X Research source
There also may be concurrences, which are separate opinions written by justices who agree with the ultimate outcome of the case, but not with the reasoning the majority applied to get there. Often a concurrence can help you understand the majority's reasoning, particularly if it seemed convoluted on first read.
Unless you understand where the case you're reading falls in the history and development of that particular area of law, you may not be able to recognize which other opinions are important until you do further research.
If you're unsure, it's best to simply note other opinions – be they dissents or concurrences – and the key difference between them and the majority's opinion.
Especially if you're reading a Supreme Court case, you also should note which justice authored the dissent or concurrence. As justices leave the court and are replaced, the values and judicial temperament of the majority also can change.
A dissent from a decade ago may become a majority opinion tomorrow – often written by the same justice, now carrying the majority where he or she once held a minority view.

Understanding the Reasoning

Step 1 Identify the legal rules used by the court.

Make note of the case from which the rule came, although typically it's not necessary for you to go back and read the case itself to understand the rule.
However, if a significant portion of the opinion discusses the previous case, you may want to go back and read it as well so you have a better understanding of what the court is talking about.
In some opinions (especially those penned by judges with straightforward writing styles), the rule used by the court will follow trigger phrases such as "the rule we apply is" or "we decide this case by applying the rule from" – phrases that alert you the court is about to tell you exactly what rule they used.
Most opinions won't be this direct, and require a closer analysis of the language to ascertain the rule the court used. Sometimes you can figure this out by working backwards. Read the court's decision, and then follow the court's train of logic in reverse until you reach the rule.

Step 2 Apply the rule to the facts of the case.

The application of a legal precedent to the facts of a case is the heart of legal analysis. This typically is done using similes. Seldom has the exact issue been presented before – to make a decision, the court must determine that this case is like a different case, and therefore the same rule should apply.
Keep in mind that, especially if you're analyzing a Supreme Court case, the court wouldn't have accepted that case on appeal if it didn't present a new issue that had not already been decided in an earlier case.
For this reason, there likely won't be a precedent that is entirely on point, or a previous case with the same fact pattern in which the same issue was raised and decided.
Rather, the court must compare cases to find a rule that applies closely and is based on a similar situation that is analogous to the dispute presented.

Step 3 Highlight facts the court found most important.

Sometimes the easiest way to locate the court's pivotal fact or facts is to consider what would have happened if they'd chosen to focus on a different fact.
For example, if the court in the case of the beleaguered baker had decided to focus on the fact that cupcakes are food, and food has never been protected under the First Amendment, it might have arrived at a different decision than it did. Because the court focused instead on the fact that the baker wrote words with icing, just as writers write words in ink, and concluded that written words inarguably enjoy First Amendment protection.
Although many other facts may be relevant, or important to some other aspect of the case, those aren't the facts that made the court rule the way it did.

Step 4 Consider how the rule would apply to different facts.

No court case exists in isolation. Once a court issues a decision, the legal interpretation and rules it establishes become part of the larger body of law devoted to that particular issue. Each opinion helps future courts understand more about the statute or constitutional provision at the heart of the case.
You don't have to wait for future courts to apply the rule you've just learned to other cases, however. Take the facts in the original case and twist them slightly, then apply the rule yourself.
Law professors call these imaginary cases "hypotheticals," and spend a good portion of class churning them out and asking their students to apply the rule they've learned to sometimes bizarre and convoluted stories.

Expert Q&A

About This Article

Case law refers to the decisions appellate judges make from their interpretations of former cases. To analyze specific case law, you’ll need to read the case through and try to get a feel for how the court made their decision. It can be pretty complex when you’re first reading a case, so jot down the main parties, the main dispute, and a brief history of the case to help yourself keep track. Once you understand the case, try to identify the legal rules the court used to make their decision. It’s also helpful to imagine different scenarios where the rule the case established could be applied, and whether or not the outcome would be the same. To learn how to focus on the most important facts of a case, read more from our Legal co-author! Did this summary help you? Yes No

Send fan mail to authors

Reader Success Stories

Ibrahim Abubakar

May 8, 2021

Did this article help you?

Feb 6, 2019

Busisiwe Nyezi-Zikizela

Feb 9, 2020

Isreal Van de vaar

Mar 30, 2020

Sep 4, 2020

Featured Articles

Watch Articles

Terms of Use
Privacy Policy
Do Not Sell or Share My Info
Not Selling Info

wikiHow Tech Help Pro:

Level up your tech skills and stay ahead of the curve

Home » Case Study – Methods, Examples and Guide

Case Study – Methods, Examples and Guide

Table of Contents

A case study is a research method that involves an in-depth examination and analysis of a particular phenomenon or case, such as an individual, organization, community, event, or situation.

It is a qualitative research approach that aims to provide a detailed and comprehensive understanding of the case being studied. Case studies typically involve multiple sources of data, including interviews, observations, documents, and artifacts, which are analyzed using various techniques, such as content analysis, thematic analysis, and grounded theory. The findings of a case study are often used to develop theories, inform policy or practice, or generate new research questions.

Types of Case Study

Types and Methods of Case Study are as follows:

Single-Case Study

A single-case study is an in-depth analysis of a single case. This type of case study is useful when the researcher wants to understand a specific phenomenon in detail.

For Example , A researcher might conduct a single-case study on a particular individual to understand their experiences with a particular health condition or a specific organization to explore their management practices. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of a single-case study are often used to generate new research questions, develop theories, or inform policy or practice.

Multiple-Case Study

A multiple-case study involves the analysis of several cases that are similar in nature. This type of case study is useful when the researcher wants to identify similarities and differences between the cases.

For Example, a researcher might conduct a multiple-case study on several companies to explore the factors that contribute to their success or failure. The researcher collects data from each case, compares and contrasts the findings, and uses various techniques to analyze the data, such as comparative analysis or pattern-matching. The findings of a multiple-case study can be used to develop theories, inform policy or practice, or generate new research questions.

Exploratory Case Study

An exploratory case study is used to explore a new or understudied phenomenon. This type of case study is useful when the researcher wants to generate hypotheses or theories about the phenomenon.

For Example, a researcher might conduct an exploratory case study on a new technology to understand its potential impact on society. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as grounded theory or content analysis. The findings of an exploratory case study can be used to generate new research questions, develop theories, or inform policy or practice.

Descriptive Case Study

A descriptive case study is used to describe a particular phenomenon in detail. This type of case study is useful when the researcher wants to provide a comprehensive account of the phenomenon.

For Example, a researcher might conduct a descriptive case study on a particular community to understand its social and economic characteristics. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of a descriptive case study can be used to inform policy or practice or generate new research questions.

Instrumental Case Study

An instrumental case study is used to understand a particular phenomenon that is instrumental in achieving a particular goal. This type of case study is useful when the researcher wants to understand the role of the phenomenon in achieving the goal.

For Example, a researcher might conduct an instrumental case study on a particular policy to understand its impact on achieving a particular goal, such as reducing poverty. The researcher collects data from multiple sources, such as interviews, observations, and documents, and uses various techniques to analyze the data, such as content analysis or thematic analysis. The findings of an instrumental case study can be used to inform policy or practice or generate new research questions.

Case Study Data Collection Methods

Here are some common data collection methods for case studies:

Interviews involve asking questions to individuals who have knowledge or experience relevant to the case study. Interviews can be structured (where the same questions are asked to all participants) or unstructured (where the interviewer follows up on the responses with further questions). Interviews can be conducted in person, over the phone, or through video conferencing.

Observations

Observations involve watching and recording the behavior and activities of individuals or groups relevant to the case study. Observations can be participant (where the researcher actively participates in the activities) or non-participant (where the researcher observes from a distance). Observations can be recorded using notes, audio or video recordings, or photographs.

Documents can be used as a source of information for case studies. Documents can include reports, memos, emails, letters, and other written materials related to the case study. Documents can be collected from the case study participants or from public sources.

Surveys involve asking a set of questions to a sample of individuals relevant to the case study. Surveys can be administered in person, over the phone, through mail or email, or online. Surveys can be used to gather information on attitudes, opinions, or behaviors related to the case study.

Artifacts are physical objects relevant to the case study. Artifacts can include tools, equipment, products, or other objects that provide insights into the case study phenomenon.

How to conduct Case Study Research

Conducting a case study research involves several steps that need to be followed to ensure the quality and rigor of the study. Here are the steps to conduct case study research:

Define the research questions: The first step in conducting a case study research is to define the research questions. The research questions should be specific, measurable, and relevant to the case study phenomenon under investigation.
Select the case: The next step is to select the case or cases to be studied. The case should be relevant to the research questions and should provide rich and diverse data that can be used to answer the research questions.
Collect data: Data can be collected using various methods, such as interviews, observations, documents, surveys, and artifacts. The data collection method should be selected based on the research questions and the nature of the case study phenomenon.
Analyze the data: The data collected from the case study should be analyzed using various techniques, such as content analysis, thematic analysis, or grounded theory. The analysis should be guided by the research questions and should aim to provide insights and conclusions relevant to the research questions.
Draw conclusions: The conclusions drawn from the case study should be based on the data analysis and should be relevant to the research questions. The conclusions should be supported by evidence and should be clearly stated.
Validate the findings: The findings of the case study should be validated by reviewing the data and the analysis with participants or other experts in the field. This helps to ensure the validity and reliability of the findings.
Write the report: The final step is to write the report of the case study research. The report should provide a clear description of the case study phenomenon, the research questions, the data collection methods, the data analysis, the findings, and the conclusions. The report should be written in a clear and concise manner and should follow the guidelines for academic writing.

Examples of Case Study

Here are some examples of case study research:

The Hawthorne Studies : Conducted between 1924 and 1932, the Hawthorne Studies were a series of case studies conducted by Elton Mayo and his colleagues to examine the impact of work environment on employee productivity. The studies were conducted at the Hawthorne Works plant of the Western Electric Company in Chicago and included interviews, observations, and experiments.
The Stanford Prison Experiment: Conducted in 1971, the Stanford Prison Experiment was a case study conducted by Philip Zimbardo to examine the psychological effects of power and authority. The study involved simulating a prison environment and assigning participants to the role of guards or prisoners. The study was controversial due to the ethical issues it raised.
The Challenger Disaster: The Challenger Disaster was a case study conducted to examine the causes of the Space Shuttle Challenger explosion in 1986. The study included interviews, observations, and analysis of data to identify the technical, organizational, and cultural factors that contributed to the disaster.
The Enron Scandal: The Enron Scandal was a case study conducted to examine the causes of the Enron Corporation’s bankruptcy in 2001. The study included interviews, analysis of financial data, and review of documents to identify the accounting practices, corporate culture, and ethical issues that led to the company’s downfall.
The Fukushima Nuclear Disaster : The Fukushima Nuclear Disaster was a case study conducted to examine the causes of the nuclear accident that occurred at the Fukushima Daiichi Nuclear Power Plant in Japan in 2011. The study included interviews, analysis of data, and review of documents to identify the technical, organizational, and cultural factors that contributed to the disaster.

Application of Case Study

Case studies have a wide range of applications across various fields and industries. Here are some examples:

Business and Management

Case studies are widely used in business and management to examine real-life situations and develop problem-solving skills. Case studies can help students and professionals to develop a deep understanding of business concepts, theories, and best practices.

Case studies are used in healthcare to examine patient care, treatment options, and outcomes. Case studies can help healthcare professionals to develop critical thinking skills, diagnose complex medical conditions, and develop effective treatment plans.

Case studies are used in education to examine teaching and learning practices. Case studies can help educators to develop effective teaching strategies, evaluate student progress, and identify areas for improvement.

Social Sciences

Case studies are widely used in social sciences to examine human behavior, social phenomena, and cultural practices. Case studies can help researchers to develop theories, test hypotheses, and gain insights into complex social issues.

Law and Ethics

Case studies are used in law and ethics to examine legal and ethical dilemmas. Case studies can help lawyers, policymakers, and ethical professionals to develop critical thinking skills, analyze complex cases, and make informed decisions.

Purpose of Case Study

The purpose of a case study is to provide a detailed analysis of a specific phenomenon, issue, or problem in its real-life context. A case study is a qualitative research method that involves the in-depth exploration and analysis of a particular case, which can be an individual, group, organization, event, or community.

The primary purpose of a case study is to generate a comprehensive and nuanced understanding of the case, including its history, context, and dynamics. Case studies can help researchers to identify and examine the underlying factors, processes, and mechanisms that contribute to the case and its outcomes. This can help to develop a more accurate and detailed understanding of the case, which can inform future research, practice, or policy.

Case studies can also serve other purposes, including:

Illustrating a theory or concept: Case studies can be used to illustrate and explain theoretical concepts and frameworks, providing concrete examples of how they can be applied in real-life situations.
Developing hypotheses: Case studies can help to generate hypotheses about the causal relationships between different factors and outcomes, which can be tested through further research.
Providing insight into complex issues: Case studies can provide insights into complex and multifaceted issues, which may be difficult to understand through other research methods.
Informing practice or policy: Case studies can be used to inform practice or policy by identifying best practices, lessons learned, or areas for improvement.

Advantages of Case Study Research

There are several advantages of case study research, including:

In-depth exploration: Case study research allows for a detailed exploration and analysis of a specific phenomenon, issue, or problem in its real-life context. This can provide a comprehensive understanding of the case and its dynamics, which may not be possible through other research methods.
Rich data: Case study research can generate rich and detailed data, including qualitative data such as interviews, observations, and documents. This can provide a nuanced understanding of the case and its complexity.
Holistic perspective: Case study research allows for a holistic perspective of the case, taking into account the various factors, processes, and mechanisms that contribute to the case and its outcomes. This can help to develop a more accurate and comprehensive understanding of the case.
Theory development: Case study research can help to develop and refine theories and concepts by providing empirical evidence and concrete examples of how they can be applied in real-life situations.
Practical application: Case study research can inform practice or policy by identifying best practices, lessons learned, or areas for improvement.
Contextualization: Case study research takes into account the specific context in which the case is situated, which can help to understand how the case is influenced by the social, cultural, and historical factors of its environment.

Limitations of Case Study Research

There are several limitations of case study research, including:

Limited generalizability : Case studies are typically focused on a single case or a small number of cases, which limits the generalizability of the findings. The unique characteristics of the case may not be applicable to other contexts or populations, which may limit the external validity of the research.
Biased sampling: Case studies may rely on purposive or convenience sampling, which can introduce bias into the sample selection process. This may limit the representativeness of the sample and the generalizability of the findings.
Subjectivity: Case studies rely on the interpretation of the researcher, which can introduce subjectivity into the analysis. The researcher’s own biases, assumptions, and perspectives may influence the findings, which may limit the objectivity of the research.
Limited control: Case studies are typically conducted in naturalistic settings, which limits the control that the researcher has over the environment and the variables being studied. This may limit the ability to establish causal relationships between variables.
Time-consuming: Case studies can be time-consuming to conduct, as they typically involve a detailed exploration and analysis of a specific case. This may limit the feasibility of conducting multiple case studies or conducting case studies in a timely manner.
Resource-intensive: Case studies may require significant resources, including time, funding, and expertise. This may limit the ability of researchers to conduct case studies in resource-constrained settings.

About the author

Muhammad Hassan

Researcher, Academic Writer, Web developer

Questionnaire – Definition, Types, and Examples

Observational Research – Methods and Guide

Quantitative Research – Methods, Types and...

Qualitative Research Methods

Explanatory Research – Types, Methods, Guide

Survey Research – Types, Methods, Examples

What You Can Expect from Your Law School Experience

Law schools offer a range of programs to fit your career ambitions and schedule. Most law schools share a common first-year approach to educating lawyers, with much more variation in the second and third years, such as opportunities for specialized programs, judicial clerkships, legal externships, participation in clinical programs and moot court, and involvement with public interest and governmental agencies. Meet real students who share their stories of activism, public service, and international travel as part of their law school education. Law school can be an intense, competitive environment–but the rewards are considerable.

The First Year

Your journey officially begins. The work will be challenging, and professors expect you to arrive at every class thoroughly prepared. Most professors give little feedback until the final examination for the course, and most course grades are determined primarily from end-of-semester or end-of-year exams.

Free Tools to Help You Get through Law School

Law School Unmasked, a free introductory course offered as a part of LawHub TM Ultimate Law School Prep, provides a roadmap to your first semester. Learn the skills you need to thrive in law school.

The Case Method Approach

The case method is unfamiliar for many first-year law students. It involves the detailed examination of a number of related judicial opinions that describe an area of law. You may be asked questions designed to explore the facts presented, to determine the legal principles applied in reaching a decision, or to analyze the method of reasoning used. In this way, professors encourage you to relate the case to others and to distinguish it from those with similar, but inapplicable, precedents.

By focusing on the underlying principles that shape the law’s approach to different situations, you will learn to distinguish among subtly different legal results and to identify the critical factors that determine a particular outcome.

The Ability to Think

There is an adage that the primary purpose of law school is to teach you to think like a lawyer. This is reinforced through the case method approach. Although the memorization of specifics may be useful to you, the ability to be analytical and literate is considerably more important than the power of total recall. Because laws continually change and evolve, specific rules may quickly lose their relevance, but the ability to think critically will be of the highest value. This is why critical thinking ability is assessed on the LSAT as a predictor of likelihood of success, and why preparing for the LSAT helps students once they’re in law school.

The Curriculum

As a first-year law student, you will follow a designated course of study that may cover many of the following subjects:

Civil procedure —the process of adjudication in the United States such as jurisdiction and standing to sue, motions and pleadings, pretrial procedure, the structure of a lawsuit, and appellate review of trial results.
Constitutional law —the legislative powers of the federal and state governments, and questions of civil liberties and constitutional history, including detailed study of the Bill of Rights and constitutional freedoms.
Contracts —the nature of enforceable promises and rules for determining appropriate remedies in case of nonperformance.
Criminal law and criminal procedure —bases of criminal responsibility, the rules and policies for enforcing sanctions against individuals accused of committing offenses against the public order and well-being, and the rights guaranteed to those charged with criminal violations.
Legal method —students’ introduction to the organization of the American legal system and its processes.
Legal writing —learning legal research and writing are critical elements of most first-year law school experiences.
Property law —concepts, uses, and historical developments in the treatment of land, buildings, natural resources, and personal objects.
Torts —private wrongs, such as acts of negligence, assault, and defamation, that violate obligations of the law.

In addition to attending classes, you may be required to participate in a moot court exercise in which you must argue a hypothetical court case.

After the first year, you will likely have the opportunity to select from a broad range of courses. Most students will take foundation courses in administrative law, civil litigation, commercial law, corporations, evidence, family law, professional responsibility, taxation, and wills and trusts before completing their degree. Every law school supplements this basic curriculum with additional courses, such as international law, environmental law, conflict of laws, labor law, criminal procedure, and jurisprudence, and many law schools include clinical (experiential) opportunities as well.

Extracurricular Activities

Student organizations are a great supplement to classroom learning. Typically, these organizations are dedicated to advancing the interests of particular groups of law students, such as Black students, female students, Hispanic students, or LGBTQ students. Other groups promote greater understanding of specific legal fields, such as environmental or international law, or provide opportunities for involvement in professional, social, and sports activities.

A unique feature of American law schools is that law students manage and edit most of the legal profession’s principal scholarly journals. Membership on the editorial staffs of these journals is considered a mark of academic distinction. Selection is ordinarily based on outstanding academic performance and writing ability.

Explore This Section

Be Indivisible - Real Stories
Leaders in Law

Feb 28, 2023

Law & Legal Research- Hypothesis |Case Study| Questionnaire

So, what is ‘law’ really.

The law can be defined as a body of rules of action or conduct prescribed by a controlling authority, and having binding legal force/ authority. Law is an instrument which regulates human conduct/behaviour.

Law- Justice (represented a Judge's Gavel)

Law essentially means Justice, Morality, Reason, Order, and Righteous from the point of view of the society. Law also means Statutes, Acts, Rules, Regulations, Orders, and ordinances from the point of view of the legislature.

It has also been considered as a social construct that defines the extent of people’s rights and duties towards their nation.

Here are some of the definitions of law by popular jurists of their time:

According to Austin:

“A law is a command which obliges a person or persons to a course of conduct"

According to Salmond:

“The law may be defined as the body of principles recognized and applied by the State in the administration of Justice”.

Here are the four major types of law in the Indian Judicial System:

1. Criminal Law

This is a set of laws that takes cognizance of crimes committed by individuals in society. These set of laws are enforced by the police and adjudicated upon by Magistrates, the Court of Sessions, the High Court and the Supreme Court. Crimes are not taken up against an individual but against the State itself (as it is viewed as a hindrance to the harmony existing in society i.e. a social pathology).

For example: Murdering someone leads to a penalty under Section 302 of the Indian Penal Code with punishment by death, life imprisonment or fine or both.

2. Civil Law

This is a set of laws that deal with actions that aren’t a crime. It is a part of the law dealing with disputes between organizations and people. It covers different areas similar to defamation, custody of youngsters, proper training, divorce, commerce union membership, property disputes, possession points, insurance coverage claims etc.

3. Common Law

Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.

For example: In adjudicating upon matters under the Indian Contract Act, the courts consider common law doctrines and allow case precedents that are held under the aegis of the Privy Council or the House of Lords in England.

Also, in Indian Trademark Law (Trademarks Act, 1999), the doctrine of prior use is incorporated from the existing common law rights of a proprietor.

4. Statutory Law

Statute or Statutory Law is a law established by an act of the legislature that’s signed by the Executive or Legislative body. For State law, the Acts are handled by the state legislature and signed by the State governor. In rare circumstances, the Chief (President or Governor) could refuse to assent the law or reject it, which is similar to the ‘veto’ power.

For example The Indian Contract Act of 1872, The Finance Act, of 2020, GST Act, of 2017.

How research gets added to the mix

Research is defined as the careful consideration of study regarding a particular concern or problem using scientific methods.

Legal research has been defined as a process of finding the law that governs an activity and materials that explain or analyse that law.

Legal research includes various processes ranging from information gathering to analysing the facts of a problem and communicating the investigation results. It is the amalgamation of scientific methods (pertaining to the study of data) and the law to make the latter better and more efficient for society.

A research problem can be simply defined as a problem which a researcher wants to solve or analyse and get valuable insights on. Post the indentification of "problem", generally a Hypothesis follows.

Now, what is a Hypothesis?

A Hypothesis can be defined as an idea formed beforehand which has less value than the generally formed view about a particular problem.

A hypothesis is a specific, clear, and testable proposition or predictive statement about the possible outcome of a scientific research study based on a particular property of a population, such as presumed differences between groups on a particular variable or relationships between variables.

According to Robert A Berslein and James A Dryer :

“A hypothesis is an assertion of the causal association between two properties”

Importance of Hypothesis in Legal Research:

A hypothesis gives a point of enquiry i.e. a starting point in delving into a particular research problem. In the absence of a hypothesis, a researcher is a lost ship on a wide sea without a navigation system.

Hypothesis helps a researcher in deciding the direction of the study and helps him formulate the required materials for the same.

Hypothesis provides precision to a research problem.

A hypothesis helps in drawing relevant and specific conclusions to a study.

A hypothesis helps in identifying the nature of the research and its extent.

Hypothesis helps in the collection and analysis of data by equipping the researcher with the input of “what to look for”.

The two major ways to put a hypothesis to the test

The case study method.

A case study is a research method that involves an up-close, in-depth and detailed investigation of a subject of study and its related contextual position. They can be produced following a form of research.

A case study helps in bringing the understanding of a complex issue or object. It can extend experience or add strength to the existing knowledge through previous research. Their contextual analysis revolves around a limited number of events or conditions and how they relate.

Therefore, a case study is a research method which allows a person to understand why and how to investigate questions. Here, a researcher has no control over variables, especially in situations when the case is current. In a studied case, many additional factors affect the phenomenon and can be described or analysed only by a case study.

In legal research, a case study can be used for many purposes as it allows the capacity to describe different factors and interactions with each other in real contexts. It offers various learning opportunities and experiences by influencing the different practices of theories.

For researchers, it is considered a valuable data source in terms of the diversity and complexity of educational purposes and settings. It plays a significant role in putting theories into regular practice. It is always important for the student to understand the clarity in nature and focus of the case study.

The importance of case study in research:

Major aspects of a problem can be understood and analysed easily. The results can be then presented comprehensively.

Case studies help secure a wealth of details about a unit of study and the techniques that can be used to research a similar problem. The data and direction of research can be adopted or modified to enter a new domain of a problem.

Case studies help researchers arrive at the actual human experience and attitudes which constitute the full and actual reality of a problem.

A case study is a suitable method when the problem under study forms a process rather than one isolated incident.

Case studies are regarded as scientific as they are conducted by analysing historical/empirical data about a problem.

The Questionnaire Method

A questionnaire is a research instrument that consists of a set of questions or other types of prompts that aims to collect information from a respondent. It is essentially one of the primary methods of data collection for the investigation of research problems.

Lundberg defines a questionnaire as

“a set of stimuli to which literal people are exposed to observe their behaviour under these stimuli”

According to Bogardus : A questionnaire is

“A list of questions sent to several persons for their answers and which contains standardised results that can be tabulated and treated statistically”

Types of Questionnaires:

Pauline V. Young (PV Young) classified questionnaires into:

1. Structured Questionnaires : These include pre-coded questions with well-defined skipping patterns to follow the sequence of questions. Most of the quantitative data collection operations use structured questionnaires.

As per PV young:

"Structured questionnaires are those which pose definitive, concrete and pre-oriented questions i.e. they are prepared in advance and not constructed on the spot during the questioning period”

This type of questionnaire can be categorized into further two types:

Closed-form: A questionnaire that has few alternative answers (like a yes/no, true/false)

Open-ended: A questionnaire that provides the answerer with the freedom to express his opinion without an endpoint. This method is used primarily for intensive studies.

2. Unstructured Questionnaire : These include open-ended and vague opinion-type questions. Some of them may be questions that are not in the format of interrogative sentences and the moderator or the enumerator has to elaborate on the sense of the question. Focus group discussions use such a questionnaire.

This type assumes insight, articulateness, and fact possession and aims for precision to attain maximum information regarding a particular problem. Because it is flexible, this is one of the most common types of questionnaires used by modern lawmakers.

The Distinction between Questionnaire and a normal Interview:

A questionnaire is self-administered whereas, in an interview, an interviewer needs to conduct the proceeding.

A questionnaire is geared at collecting data from literate people who can comprehend the questions whereas, interviews are admissible to both literates and illiterates as the interviewer acts as a medium.

The rate of response is poor in questionnaires whereas, in interviews, people generally answer the questions then and there.

The questionnaire method is less expensive to administer whereas, interviews are generally expensive and hard to conduct.

Questionnaires provide anonymity to the answerers whereas, in interviews, there is an absence of complete anonymity.

Need to Know

Studying for Law School Exams? Here Are 10 Ways To Prepare

Photo by Jesús Pino

As the spring semester winds down, students at the University of Virginia School of Law are starting to prepare for exams, which begin April 29. Here are the best tips and content about how to approach exams we’ve produced over the years.

1. What Law Professors Look for on Exams

Professor George Cohen offers advice on how to approach law school exams.

2. Professors Discuss Exam-Taking Strategies

Professors George Cohen, Anne Coughlin and Thomas Nachbar advise first-year students on best strategies for taking law school exams.

3. Exam Tips for First-Year Law Students

Stocked with the latest and greatest exam advice from Professor Alex Johnson and students Katie Barber ’15 and Zachary Ray ’16, this video covers all angles, from preparing for exams to taking them.

4. Inside the Mind of a Professor: How They Write Exams and How You Can Excel at Them

How and why do law professors write such challenging exams? Professor Kenneth S. Abraham and Dean Risa Goluboff discuss their process and offer tips for how students can master taking exams.

5. What’s Your Exam Advice?

We asked students, faculty and alumni for their best advice for prepping for and taking exams.

6. Been There, Passed That — Alumni Exam Tips

Twenty alumni advise students to take practice exams, know your professor, study your own way, and more.

7. Outlining Strategies and Techniques

Daniel Richardson, former editor-in-chief of the Virginia Law Review and the 2018 graduate with the highest GPA, provides law students with advice about preparing for mid-terms and finals.

8. How To Prepare for Exams

Faculty suggest starting by asking professors about the style and scope of their tests, and learning about what kind of answers they want.

9. Professors Discuss Exam Strategies

10. Exam Tips From Professor Anne Coughlin

There’s a reason why this video has more than 90,000 hits on YouTube.

Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service.

Mike Fox Director of Media Relations Email

Academic Calendar
J.D. Curriculum
Current Courses
Concentrations
Academic Policies
Study Abroad
Graduate Studies (LL.M. and S.J.D.)
Dual-Degree Programs
Programs and Centers
Experiential Learning
Educating Legal Scholars
Faculty Scholarship
The Free Exchange of Ideas at UVA Law
Admissions Process
J.D. Application Information
Virginia Residency
Online Status Checker
Make Online Seat Deposit
Transfer Students
Brochures and Key Websites
ABA Required Disclosures
Diversity, Equity and Belonging
Admitted Students
Graduate Studies
Financial Aid
Karsh-Dillard Scholarships
Student Organizations
Academic Journals
Student Government
The Honor System
Living in Charlottesville
Awards, Fellowships and Honors
Moot Court and Trial Advocacy
Legal Writing Fellows
Student Affairs
Student Records
Career Development
Law IT/Computing
Courts & Commerce Bookstore
Employment Resources for Students
Office of Private Practice Staff
Resources for Private Practice Employers
Public Service Center Staff
Funding for Public Service
Program in Law and Public Service
Resources for Public Service Employers
Office of Judicial Clerkships Staff
The Pro Bono Program
About the School
Facts & Statistics
Consumer Information (ABA Required Disclosures)
Event Calendar
Video & Audio
Subscribe and Connect
University of Virginia

Law’s Sharona Hoffman and Cassandra Burke Robertson write legal case study on cognitive decline in elderly drivers

With a growing elderly population, cognitive decline in drivers has become a significant public safety concern. More than 32 million individuals who are 70 or older have driver’s licenses, and that number is growing quickly. In addition, almost 10% of U.S. seniors (those 65 and older) have dementia, and an additional 22% have mild cognitive impairment. Between a quarter and a half of individuals with mild to moderate dementia still drive. As cognitive abilities such as memory, attention, and decision‐making skills deteriorate, a driverʹs ability to operate a vehicle safely can be compromised, putting drivers, passengers, other motorists and pedestrians at risk.

Case Western Reserve University School of Law faculty members Sharona Hoffman, the Edgar A. Hahn Professor of Law, and Cassandra Burke Robertson, the John Deaver Drinko – BakerHostetler Professor of Law, wrote a legal case study assessing this topic in a forthcoming article for UC Irvine Law Review .

Titled “Patient Autonomy, Public Safety, and Drivers with Cognitive Decline,” they explored how the challenges of cognitive decline in relation to driving is crucial for maintaining elderly individuals’ quality of life

Their article is available to read through SSRN.

Skip to main content
Keyboard shortcuts for audio player

Your Health
Treatments & Tests
Health Inc.
Public Health

Reproductive rights in America

What's at stake as the supreme court hears idaho case about abortion in emergencies.

Selena Simmons-Duffin

The Supreme Court will hear another case about abortion rights on Wednesday. Protestors gathered outside the court last month when the case before the justices involved abortion pills. Tom Brenner for The Washington Post/Getty Images hide caption

The Supreme Court will hear another case about abortion rights on Wednesday. Protestors gathered outside the court last month when the case before the justices involved abortion pills.

In Idaho, when a pregnant patient has complications, abortion is only legal to prevent the woman's death. But a federal law known as EMTALA requires doctors to provide "stabilizing treatment" to patients in the emergency department.

The Biden administration sees that as a direct conflict, which is why the abortion issue is back – yet again – before the Supreme Court on Wednesday.

The case began just a few weeks after the justices overturned Roe v. Wade in 2022, when the federal Justice Department sued Idaho , arguing that the court should declare that "Idaho's law is invalid" when it comes to emergency abortions because the federal emergency care law preempts the state's abortion ban. So far, a district court agreed with the Biden administration, an appeals court panel agreed with Idaho, and the Supreme Court allowed the strict ban to take effect in January when it agreed to hear the case.

Supreme Court allows Idaho abortion ban to be enacted, first such ruling since Dobbs

The case, known as Moyle v. United States (Mike Moyle is the speaker of the Idaho House), has major implications on everything from what emergency care is available in states with abortion bans to how hospitals operate in Idaho. Here's a summary of what's at stake.

1. Idaho physicians warn patients are being harmed

Under Idaho's abortion law , the medical exception only applies when a doctor judges that "the abortion was necessary to prevent the death of the pregnant woman." (There is also an exception to the Idaho abortion ban in cases of rape or incest, only in the first trimester of the pregnancy, if the person files a police report.)

In a filing with the court , a group of 678 physicians in Idaho described cases in which women facing serious pregnancy complications were either sent home from the hospital or had to be transferred out of state for care. "It's been just a few months now that Idaho's law has been in effect – six patients with medical emergencies have already been transferred out of state for [pregnancy] termination," Dr. Jim Souza, chief physician executive of St. Luke's Health System in Idaho, told reporters on a press call last week.

Those delays and transfers can have consequences. For example, Dr. Emily Corrigan described a patient in court filings whose water broke too early, which put her at risk of infection. After two weeks of being dismissed while trying to get care, the patient went to Corrigan's hospital – by that time, she showed signs of infection and had lost so much blood she needed a transfusion. Corrigan added that without receiving an abortion, the patient could have needed a limb amputation or a hysterectomy – in other words, even if she didn't die, she could have faced life-long consequences to her health.

Attorneys for Idaho defend its abortion law, arguing that "every circumstance described by the administration's declarations involved life-threatening circumstances under which Idaho law would allow an abortion."

Ryan Bangert, senior attorney for the Christian legal powerhouse Alliance Defending Freedom, which is providing pro-bono assistance to the state of Idaho, says that "Idaho law does allow for physicians to make those difficult decisions when it's necessary to perform an abortion to save the life of the mother," without waiting for patients to become sicker and sicker.

Still, Dr. Sara Thomson, an OB-GYN in Boise, says difficult calls in the hospital are not hypothetical or even rare. "In my group, we're seeing this happen about every month or every other month where this state law complicates our care," she says. Four patients have sued the state in a separate case arguing that the narrow medical exception harmed them.

"As far as we know, we haven't had a woman die as a consequence of this law, but that is really on the top of our worry list of things that could happen because we know that if we watch as death is approaching and we don't intervene quickly enough, when we decide finally that we're going to intervene to save her life, it may be too late," she says.

2. Hospitals are closing units and struggling to recruit doctors

Labor and delivery departments are expensive for hospitals to operate. Idaho already had a shortage of providers, including OB-GYNS. Hospital administrators now say the Idaho abortion law has led to an exodus of maternal care providers from the state, which has a population of 2 million people.

Three rural hospitals in Idaho have closed their labor-and-delivery units since the abortion law took effect. "We are seeing the expansion of what's called obstetrical deserts here in Idaho," said Brian Whitlock, president and CEO of the Idaho Hospital Association.

Since Idaho's abortion law took effect, nearly one in four OB-GYNs have left the state or retired, according to a report from the Idaho Physician Well-Being Action Collaborative. The report finds the loss of doctors who specialize in high-risk pregnancies is even more extreme – five of nine full time maternal-fetal medicine specialists have left Idaho.

Administrators say they aren't able to recruit new providers to fill those positions. "Since [the abortion law's] enactment, St. Luke's has had markedly fewer applicants for open physician positions, particularly in obstetrics. And several out-of-state candidates have withdrawn their applications upon learning of the challenges of practicing in Idaho, citing [the law's] enactment and fear of criminal penalties," reads an amicus brief from St. Luke's health system in support of the federal government.

"Prior to the abortion decision, we already ranked 50th in number of physicians per capita – we were already a strained state," says Thomson, the doctor in Boise. She's experienced the loss of OB-GYN colleagues first hand. "I had a partner retire right as the laws were changing and her position has remained open – unfilled now for almost two years – so my own personal group has been short-staffed," she says.

ADF's Bangert says he's skeptical of the assertion that the abortion law is responsible for this exodus of doctors from Idaho. "I would be very surprised if Idaho's abortion law is the sole or singular cause of any physician shortage," he says. "I'm very suspicious of any claims of causality."

3. Justices could weigh in on fetal "personhood"

The state of Idaho's brief argues that EMTALA actually requires hospitals "to protect and care for an 'unborn child,'" an argument echoed in friend-of-the-court briefs from the U.S. Conference of Catholic Bishops and a group of states from Indiana to Wyoming that also have restrictive abortion laws. They argue that abortion can't be seen as a stabilizing treatment if one patient dies as a result.

Thomson is also Catholic, and she says the idea that, in an emergency, she is treating two patients – the fetus and the mother – doesn't account for clinical reality. "Of course, as obstetricians we have a passion for caring for both the mother and the baby, but there are clinical situations where the mom's health or life is in jeopardy, and no matter what we do, the baby is going to be lost," she says.

The Idaho abortion law uses the term "unborn child" as opposed to the words "embryo" or "fetus" – language that implies the fetus has the same rights as other people.

Shots - Health News

The science of ivf: what to know about alabama's 'extrauterine children' ruling.

Mary Ziegler , a legal historian at University of California - Davis, who is writing a book on fetal personhood, describes it as the "North Star" of the anti-abortion rights movement. She says this case will be the first time the Supreme Court justices will be considering a statute that uses that language.

"I think we may get clues about the future of bigger conflicts about fetal personhood," she explains, depending on how the justices respond to this idea. "Not just in the context of this statute or emergency medical scenarios, but in the context of the Constitution."

ADF has dismissed the idea that this case is an attempt to expand fetal rights. "This case is, at root, a question about whether or not the federal government can affect a hostile takeover of the practice of medicine in all 50 states by misinterpreting a long-standing federal statute to contain a hidden nationwide abortion mandate," Bangert says.

4. The election looms large

Ziegler suspects the justices will allow Idaho's abortion law to remain as is. "The Supreme Court has let Idaho's law go into effect, which suggests that the court is not convinced by the Biden administration's arguments, at least at this point," she notes.

Trump backed a federal abortion ban as president. Now, he says he wouldn't sign one

Whatever the decision, it will put abortion squarely back in the national spotlight a few months before the November election. "It's a reminder on the political side of things, that Biden and Trump don't really control the terms of the debate on this very important issue," Zielger observes. "They're going to be things put on everybody's radar by other actors, including the Supreme Court."

The justices will hear arguments in the case on Wednesday morning. A decision is expected by late June or early July.

Correction April 23, 2024

An earlier version of this story did not mention the rape and incest exception to Idaho's abortion ban. A person who reports rape or incest to police can end a pregnancy in Idaho in the first trimester.

Abortion rights
Supreme Court

Lawsuits test Tesla claim that drivers are solely responsible for crashes

San Francisco — As CEO Elon Musk stakes the future of Tesla on autonomous driving, lawyers from California to Florida are picking apart the company’s most common driver assistance technology in painstaking detail, arguing that Autopilot is not safe for widespread use by the public.

At least eight lawsuits headed to trial in the coming year — including two that haven’t been previously reported — involve fatal or otherwise serious crashes that occurred while the driver was allegedly relying on Autopilot. The complaints argue that Tesla exaggerated the capabilities of the feature, which controls steering, speed and other actions typically left to the driver. As a result, the lawsuits claim, the company created a false sense of complacency that led the drivers to tragedy.

Evidence emerging in the cases — including dash-cam video obtained by The Washington Post — offers sometimes-shocking details: In Phoenix, a woman allegedly relying on Autopilot plows into a disabled car and is then struck and killed by another vehicle after exiting her Tesla. In Tennessee, an intoxicated man allegedly using Autopilot drives down the wrong side of the road for several minutes before barreling into an oncoming car, killing the 20-year-old inside.

Tesla maintains that it is not liable for the crashes because the driver is ultimately in control of the vehicle. But that contention is coming under increasing pressure, including from federal regulators. Late Thursday, the National Highway Traffic Safety Administration (NHTSA) launched a new review of Autopilot, signaling concern that a December recall failed to significantly improve misuse of the technology and that drivers are misled into thinking the “automation has greater capabilities than it does.”

Meanwhile, in a twist, Tesla this month settled a high-profile case in Northern California that claimed Autopilot played a role in the fatal crash of an Apple engineer, Walter Huang. The company’s decision to settle with Huang’s family — along with a ruling from a Florida judge concluding that Tesla had “knowledge” that its technology was “flawed” under certain conditions — is giving fresh momentum to cases once seen as long shots, legal experts said.

“A reckoning is coming as more and more of these cases are going to see the light of a jury trial,” said Brett Schreiber, a lawyer with Singleton Schreiber who is representing the family of Jovani Maldonado, 15, who was killed in Northern California when a Tesla in Autopilot rear-ended his family’s pickup truck in 2019.

Tesla did not respond to multiple requests for comment on the lawsuits.

The outcomes of the cases could be critical for the company. Tesla’s stock has lost more than a third of its value since the beginning of the year. Last week, the company reported a steeper-than-expected 55% plunge in first-quarter profit as it struggles with falling sales of electric vehicles and stiff competition from China. To allay investors’ concerns, Musk has made lofty promises about launching a fully autonomous “robotaxi” in August. Soon, he said during Tuesday’s earnings call, driving a car will be like riding an elevator: you get on and get out at your destination.

“We should be thought of as an AI or robotics company,” Musk told investors. “If somebody doesn’t believe Tesla is going to solve autonomy, I think they should not be an investor in the company. But we will.”

Meanwhile, the company has defended itself in court documents by arguing that its user manuals and on-screen warnings make “extremely clear” that drivers must be fully in control while using Autopilot. Many of the upcoming court cases involve driver distraction or impairment.

Autopilot “is not a self-driving technology and does not replace the driver,” Tesla said in response to a 2020 case filed in Florida. “The driver can and must still brake, accelerate and steer just as if the system is not engaged.”

But the Huang case also potentially involved a distracted driver: Huang was allegedly playing a video game when his Tesla plowed into a highway barrier in 2018. Tesla has not said why it decided to settle the lawsuit, and details of the settlement have not been disclosed in court documents.

More fatal crash details emerge

Meanwhile, federal regulators appear increasingly sympathetic to claims that Tesla oversells its technology and misleads drivers. Even the decision to call the software Autopilot “elicits the idea of drivers not being in control” and invites “drivers to overly trust the automation,” NHTSA said Thursday, revealing that a two-year investigation into Autopilot had identified 467 crashes linked to the technology, 13 of them fatal.

NHTSA did not offer specific information about those crashes. But two fatal crashes from 2022 are detailed in lawsuits that have not been previously reported.

In Phoenix, Iwanda Mitchell, 49, was driving a Tesla in May 2022 when she struck a Toyota Camry that had stalled on the highway, according to court documents and dash-cam footage obtained by The Post. According to the Mitchell family’s lawyer, Jonathan Michaels with MLG Attorneys at Law, Autopilot and the car’s other features — including forward collision warning and automatic emergency braking — failed to result in Mitchell’s Tesla taking evasive action and prevent the vehicle from barreling into the stalled sedan.

Mitchell was then struck and killed by an oncoming vehicle when she got out of her car.

Tesla did not respond to a request for comment regarding this case. In response to the complaint in January 2024, Tesla said it denies the allegation and “has not yet had an opportunity to inspect” Mitchell’s vehicle.

About a month later in Sumner County, Tenn., Jose Roman Jaramillo Cortez drank two beers and three tequila shots after his shift at a local restaurant, and then hopped into his Tesla Model 3, court documents say. He plugged his address into the Tesla’s GPS and flicked on Autopilot, it said.

According to the lawsuit filed in June 2023 and dash-cam footage obtained by The Post, the car then pulled onto the wrong side of the road. After driving south in a northbound lane for several minutes, the Tesla rammed into a car driven by Christian Malone, 20, who died from the impact. In its response to the complaint, Tesla said “the crash was caused by the negligence and/or recklessness of the driver.”

Trial dates for both cases will be set later next year, Michaels said.

In another case — set for trial in November in Key Largo, Fla. — a Tesla in Autopilot allegedly failed to detect an approaching T-intersection while its driver searched for a dropped phone. The Tesla barreled through flashing lights and a physical barricade before crashing into a vehicle parked on the side of the road, killing a woman and seriously injuring a man.

In court documents, Tesla has argued that the driver was ultimately responsible for the trajectory of the car. Tesla also states in user manuals that Autopilot may not operate as intended “when unable to accurately determine lane markings” or when “bright light is interfering with the camera’s view.”

When these cases head to trial, juries may be asked to consider whether Tesla’s many driver warnings are sufficient to spare the company from liability. Ross Gerber, CEO of Gerber Kawasaki Wealth and Investment Management, said the last thing the company needs is a highly publicized courtroom battle that focuses attention on such questions.

At a trial, “the defense would dig into the weeds … and it would become very clear that the perception of the Autopilot software was very different from the reality,” Gerber said. “Every day would be a headline, and it would be embarrassing.”

So far, Tesla has faced a jury only once over the role Autopilot may have played in a fatal crash. In Riverside, Calif., last year, a jury heard the case of Micah Lee, 37, who was allegedly using Autopilot when his Tesla Model 3 suddenly veered off the highway at 65 mph, crashed into a palm tree and burst into flames. Lee died from his injuries, while his fiancée and her son were severely injured.

Due to the extensive damage to the car, Tesla said it could not be proved that Autopilot was engaged at the time of the crash. During the trial, Michael Carey, the attorney for Tesla, argued the technology was not at fault, and that the crash “is classic human error.” According to a toxicology report taken after the crash, Lee had alcohol in his system but it was within the legal limit in California.

“This case is not about Autopilot. Autopilot didn’t cause the crash,” Carey said during opening statements. “This is a bad crash with bad injuries and may have resulted from bad mistakes — but you can’t blame the car company when that happens. This is a good car with a good design.”

Ultimately, Tesla’s arguments prevailed, and a jury found the company not liable.

But the company appears to face headwinds in some other cases. Last year, Florida Circuit Judge Reid Scott upheld a plaintiff’s request to seek punitive damages in a case concerning a fatal crash in Delray Beach, Fla., in 2019 when Jeremy Banner and his Tesla in Autopilot failed to register a semi truck crossing its path. The car plowed under the truck at full speed, killing Banner on impact.

In the ruling, Scott said the family’s lawyers “sufficiently” presented evidence to reasonably seek punitive damages at trial, which could run millions of dollars.

The plaintiffs’ evidence included that Tesla “knew the vehicle at issue had a defective Autopilot system,” according to the order. Citing other fatal crashes involving Autopilot, Scott wrote that there is a “genuine” dispute over whether Tesla “created a foreseeable zone of risk that posed a general threat of harm to others.”

Tesla’s appeal of the ruling is pending.

Change in defense strategy?

As the spate of lawsuits churns forward, Tesla has shown a fresh willingness to settle such cases — despite Musk’s vow on Twitter in 2022 to never settle “an unjust case against us even if we will probably lose.”

In addition to settling the Huang case, Tesla “indicated” that it was open to discussing a potential settlement in the Riverside case as it was being presented to a jury last fall, said Michaels, the MLG lawyer who represented Lee’s family.

The month-long trial featured testimony from an accident reconstructionist, a top engineer at Tesla and a paramedic who responded to the crash and said it was among the most horrific crashes he had ever seen. Michaels said he declined to engage in settlement talks because he wanted to continue to “make this a really public issue.” He said he also “did not have confidence in our ability to come to an agreeable amount.”

Tesla and its lawyer in the case, Carey, did not respond to a request for comment.

After four days of deliberations, the jury decided the case in Tesla’s favor.

Though he lost, Michaels said the trial attracted media attention and gave other lawyers with cases against Tesla insight into the company’s defense strategy. Plus, he said, his law firm’s phone has since been blowing up with potential clients.

“We walked away from guaranteed money,” Michaels said, “but that wasn’t what it was about.”

Prime energy, sports drinks contain PFAS and excessive caffeine, class action suits say

YouTubers Logan Paul and KSI founded Prime Hydration in 2022, and while their products have become increasingly popular and profitable, the company continues to face class action suits over the ingredients in their energy and sports drinks.

Prime Hyrdation LLC was sued April 8 in the Southern District of New York over "misleading and deceptive practices" regarding the company's 12-ounce energy drinks containing between 215-225 milligrams of caffeine as opposed to the advertised 200 milligrams, according to the class action suit.

Lara Vera, a Poughkeepsie, New York resident, filed the suit in federal court on behalf of herself and others who bought Prime products across the U.S., the complaint says. Vera purchased Prime's Blue Raspberry products several times in August 2022 for about $3 to $4 each, but she would have never bought the drinks if she had known the actual caffeine content, according to the suit.

Vera's suit is seeking $5 million from the company owned by Paul and KSI, real name Olajide Olayinka Williams "JJ" Olatunji, court records show.

Court records do not say whether Prime Hydration retained legal counsel for Vera's suit.

How much caffeine is in Prime energy drinks?

Prime's advertised 200 milligrams of caffeine is equivalent to "half a dozen Coke cans or nearly two (12-ounce) Red Bulls," Vera's class action suit says.

A 12-ounce can of Red Bull energy drink contains 114 milligrams of caffeine, and a cup of coffee contains around 100 milligrams of caffeine, according to the suit.

The suit continues to say that "there is no proven safe dose of caffeine for children." Side effects of kids consuming caffeine could include rapid or irregular heartbeats, headaches, seizures, shaking, upset stomach and adverse emotional effects on mental health, according to the complaint.

Sen. Charles Schumer , D-N.Y., called on the Food and Drug Administration (FDA) to investigate Prime energy drinks in 2023 because of dangerously high caffeine levels. Schumer alleged in a letter to the FDA that vague marketing targeting young people influenced parents to buy a “cauldron of caffeine" for their kids.

Schumer's call to action to the FDA is referenced in Vera's suit.

USA TODAY contacted Prime Hydration's attorneys Tuesday afternoon but did not receive an immediate response.

What are the Prime Hydration lawsuits?

Vera's legal battle is beginning, but Prime is still dealing with another class action suit from 2023 alleging a flavor of the company's sports drinks contains PFAS, or "forever chemicals."

Independent third-party testing determined the presence of PFAS chemicals in Prime Hydration grape flavor, according to a class action suit filed Aug. 2, 2023, in the Northern District of California by the Milberg law firm on behalf of Elizabeth Castillo and others similarly affected.

"Lead plaintiff Elizabeth Castillo, a resident of California, purchased Prime Hydration on multiple occasions but says she would not have bought it at all if the product had been accurately marketed and labeled as containing PFAS," the Milberg law firm said in an August 2023 news release . "These chemicals were not reasonably detectible to consumers like herself."

Castillo's suit is seeking a $5 million judgment, court records show.

As of April 18, the judge in the case has heard Prime's argument to dismiss the suit due to Castillo not alleging "a cognizable injury" and her not alleging "facts showing a concrete (and) imminent threat of future harm," according to the drink company's motion.

Paul addressed Castillo's claims Wednesday in a 3-minute TikTok video.

"First off, anyone can sue anyone at any time that does not make the lawsuit true," Paul said in the TikTok video. "And in this case, it is not… one person conducted a random study and has provided zero evidence to substantiate any of their claims."

What are forever chemicals?

PFAS are called forever chemicals because they "bioaccumulate, or accrue in the body over time," the Milberg law said in its news release.

"These man-made chemicals are well-studied and have been found to have adverse effects on the human body and environment," the New York City-headquartered law firm said.

Many PFAS are found in people's and animal's blood and can be detected at low levels in a variety of food products and in the environment, the U.S. Environmental Protection Agency (EPA) said. Forever chemicals can be found in water, air, fish and soil at locations across the nation and the globe, according to the EPA.

"There are thousands of PFAS chemicals, and they are found in many different consumer, commercial, and industrial products," the EPA said. "This makes it challenging to study and assess the potential human health and environmental risks."

Who made Prime energy drinks?

Before founding Prime Hydration LLC, Logan Paul, 29, and KSI, 30, were YouTubers who turned their millions of subscribers into supporters of their boxing, wrestling, music, social media content and other endeavors.

Going into the drinks business proved to be profitable for both YouTubers as "Prime Hydration generated more than $250 million in retail sales in its first year, including $45 million in a single month," according to the Milberg law firm.

Paul and KSI continue to keep Prime products in the spotlight whether it is paying for an ad during Super Bowl 57 , having livestreamer IShowSpeed dress up in a Prime sports drink bottle during Wrestlemania 40 or signing athletes including Patrick Mahomes, Aaron Judge, Israel Adesanya, Tyreek Hill, Kyle Larson, Alisha Lehmann and others to sponsorship deals.

--> Login or Sign Up

Shop by Author

Sabrineh Ardalan
Robert Bordone
Robert Clark
John Coates
Susan Crawford
Alonzo Emery
Heidi Gardner
Philip B. Heymann
Howell E. Jackson
Wendy Jacobs
Adriaan Lanni
Jeremy McClane
Naz Modirzadeh
Catherine Mondell
Ashish Nanda
Charles R. Nesson
John Palfrey
Bruce Patton
Todd D. Rakoff
Lisa Rohrer
Jeswald W. Salacuse
James Sebenius
Joseph William Singer
Holger Spamann
Carol Steiker
Guhan Subramanian
Lawrence Susskind
David B. Wilkins
Jonathan Zittrain

Shop by Brand

Howell Jackson
Ashish Nanda and Nicholas Semi Haas

Chad M. Carr

John Coates, Clayton Rose, and David Lane
Ashish Nanda and Lauren Prusiner
Ashish Nanda and Lisa Rohrer
Ashish Nanda and Monet Brewerton
View all Brands
$0.00 - $1.00
$1.00 - $2.00
$2.00 - $4.00
$4.00 - $5.00
$5.00 - $6.00

Criminal Law

Published Old-New
Published New-Old

close-up view of someone smoking a cigarette

The Case of the Smoking Tenant

Joseph William Singer and Esme Caramello

1's and 0's on a black background with silver sphere

Prosecutorial Discretion in Charging and Plea Bargaining: The Aaron Swartz Case (B)

Elizabeth Moroney, under the supervision of Adriaan Lanni and Carol Steiker

strings of 1's and 0's with a grey sphere and black background

Prosecutorial Discretion in Charging and Plea Bargaining: The Aaron Swartz Case (A)

Elizabeth Moroney, under supervision of Adriaan Lanni and Carol Steiker

The Case of Cross-Deputization

Joseph William Singer, Jeremy McClane, and Nicholas Price

Balloon Boy

Todd D. Rakoff, Alex Whiting, and Kyle Virgien

Cyrus Vance and Dominique Strauss-Kahn: Dilemmas in a High-Profile Prosecution (B) and (C)

Philip Heymann, Lisa Brem, Emily Balter, and Michael Noveck

Cyrus Vance and Dominique Strauss-Kahn: Dilemmas in a High-Profile Prosecution (A)

multi-panel code on black backlit computer screen

The WikiLeaks Incident: Background, Details, and Resources

Alan Ezekiel, under supervision of John Palfrey and Jonathan Zittrain

The Case of the Federal Defender's Advice

David Abrams

The Final Furlough

The Case of the Section 8 Housing Vouchers

Todd D. Rakoff, Paul Radvany, and Rebecca Goldberg

Study Guides
Homework Questions

BUS205 Case Study 2

Share full article

Supported by

Guest Essay

I Thought the Bragg Case Against Trump Was a Legal Embarrassment. Now I Think It’s a Historic Mistake.

A black-and-white photo with a camera in the foreground and mid-ground and a building in the background.

By Jed Handelsman Shugerman

Mr. Shugerman is a law professor at Boston University.

About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. I thought an array of legal problems would and should lead to long delays in federal courts.

After listening to Monday’s opening statement by prosecutors, I still think the district attorney has made a historic mistake. Their vague allegation about “a criminal scheme to corrupt the 2016 presidential election” has me more concerned than ever about their unprecedented use of state law and their persistent avoidance of specifying an election crime or a valid theory of fraud.

To recap: Mr. Trump is accused in the case of falsifying business records. Those are misdemeanor charges. To elevate it to a criminal case, Mr. Bragg and his team have pointed to potential violations of federal election law and state tax fraud. They also cite state election law, but state statutory definitions of “public office” seem to limit those statutes to state and local races.

Both the misdemeanor and felony charges require that the defendant made the false record with “intent to defraud.” A year ago, I wondered how entirely internal business records (the daily ledger, pay stubs and invoices) could be the basis of any fraud if they are not shared with anyone outside the business. I suggested that the real fraud was Mr. Trump’s filing an (allegedly) false report to the Federal Election Commission, and that only federal prosecutors had jurisdiction over that filing.

A recent conversation with Jeffrey Cohen, a friend, Boston College law professor and former prosecutor, made me think that the case could turn out to be more legitimate than I had originally thought. The reason has to do with those allegedly falsified business records: Most of them were entered in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have foreseen an investigation into his campaign, leading to its financial records. He may have falsely recorded these internal records before the F.E.C. filing as consciously part of the same fraud: to create a consistent paper trail and to hide intent to violate federal election laws, or defraud the F.E.C.

In short: It’s not the crime; it’s the cover-up.

Looking at the case in this way might address concerns about state jurisdiction. In this scenario, Mr. Trump arguably intended to deceive state investigators, too. State investigators could find these inconsistencies and alert federal agencies. Prosecutors could argue that New York State agencies have an interest in detecting conspiracies to defraud federal entities; they might also have a plausible answer to significant questions about whether New York State has jurisdiction or whether this stretch of a state business filing law is pre-empted by federal law.

However, this explanation is a novel interpretation with many significant legal problems. And none of the Manhattan district attorney’s filings or today’s opening statement even hint at this approach.

Instead of a theory of defrauding state regulators, Mr. Bragg has adopted a weak theory of “election interference,” and Justice Juan Merchan described the case , in his summary of it during jury selection, as an allegation of falsifying business records “to conceal an agreement with others to unlawfully influence the 2016 election.”

As a reality check: It is legal for a candidate to pay for a nondisclosure agreement. Hush money is unseemly, but it is legal. The election law scholar Richard Hasen rightly observed , “Calling it election interference actually cheapens the term and undermines the deadly serious charges in the real election interference cases.”

In Monday’s opening argument, the prosecutor Matthew Colangelo still evaded specifics about what was illegal about influencing an election, but then he claimed , “It was election fraud, pure and simple.” None of the relevant state or federal statutes refer to filing violations as fraud. Calling it “election fraud” is a legal and strategic mistake, exaggerating the case and setting up the jury with high expectations that the prosecutors cannot meet.

The most accurate description of this criminal case is a federal campaign finance filing violation. Without a federal violation (which the state election statute is tethered to), Mr. Bragg cannot upgrade the misdemeanor counts into felonies. Moreover, it is unclear how this case would even fulfill the misdemeanor requirement of “intent to defraud” without the federal crime.

In stretching jurisdiction and trying a federal crime in state court, the Manhattan district attorney is now pushing untested legal interpretations and applications. I see three red flags raising concerns about selective prosecution upon appeal.

First, I could find no previous case of any state prosecutor relying on the Federal Election Campaign Act either as a direct crime or a predicate crime. Whether state prosecutors have avoided doing so as a matter of law, norms or lack of expertise, this novel attempt is a sign of overreach.

Second, Mr. Trump’s lawyers argued that the New York statute requires that the predicate (underlying) crime must also be a New York crime, not a crime in another jurisdiction. The district attorney responded with judicial precedents only about other criminal statutes, not the statute in this case. In the end, the prosecutors could not cite a single judicial interpretation of this particular statute supporting their use of the statute (a plea deal and a single jury instruction do not count).

Third, no New York precedent has allowed an interpretation of defrauding the general public. Legal experts have noted that such a broad “election interference” theory is unprecedented, and a conviction based on it may not survive a state appeal.

Mr. Trump’s legal team also undercut itself for its decisions in the past year: His lawyers essentially put all of their eggs in the meritless basket of seeking to move the trial to federal court, instead of seeking a federal injunction to stop the trial entirely. If they had raised the issues of selective or vindictive prosecution and a mix of jurisdictional, pre-emption and constitutional claims, they could have delayed the trial past Election Day, even if they lost at each federal stage.

Another reason a federal crime has wound up in state court is that President Biden’s Justice Department bent over backward not to reopen this valid case or appoint a special counsel. Mr. Trump has tried to blame Mr. Biden for this prosecution as the real “election interference.” The Biden administration’s extra restraint belies this allegation and deserves more credit.

Eight years after the alleged crime itself, it is reasonable to ask if this is more about Manhattan politics than New York law. This case should serve as a cautionary tale about broader prosecutorial abuses in America — and promote bipartisan reforms of our partisan prosecutorial system.

Nevertheless, prosecutors should have some latitude to develop their case during trial, and maybe they will be more careful and precise about the underlying crime, fraud and the jurisdictional questions. Mr. Trump has received sufficient notice of the charges, and he can raise his arguments on appeal. One important principle of “ our Federalism ,” in the Supreme Court’s terms, is abstention , that federal courts should generally allow state trials to proceed first and wait to hear challenges later.

This case is still an embarrassment, in terms of prosecutorial ethics and apparent selectivity. Nevertheless, each side should have its day in court. If convicted, Mr. Trump can fight many other days — and perhaps win — in appellate courts. But if Monday’s opening is a preview of exaggerated allegations, imprecise legal theories and persistently unaddressed problems, the prosecutors might not win a conviction at all.

Jed Handelsman Shugerman (@jedshug) is a law professor at Boston University.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

Follow the New York Times Opinion section on Facebook , Instagram , TikTok , WhatsApp , X and Threads .

an image, when javascript is unavailable

Will TikTok Be Banned in the U.S.? What the New Law Means for the App’s Users

By Todd Spangler

Todd Spangler

NY Digital Editor

Roku CEO Anthony Wood 2023 Pay Slips to $20.2 Million, Media Chief Charlie Collier’s Compensation Was $6.8 Million 2 days ago
Paramount Board Might Oust CEO Bob Bakish Amid M&A Talks: Report 3 days ago
Comcast Chief Brian Roberts Earned $35.5 Million in 2023, Up 11% 3 days ago

TikTok could be banned in the U.S. as soon as January 2025. Here’s what the new law means for users of the popular short-form video app.

Did the TikTok Ban Bill Become a Law?

When could tiktok actually be shut down in the u.s., popular on variety, why is tiktok potentially getting banned in the u.s..

Many American lawmakers are worried that the Chinese communist regime could “weaponize” TikTok, given its control by Beijing-based internet giant ByteDance — and spy on U.S. citizens, as well as military and government personnel. China is one of four countries designated as a “foreign adversary” under U.S. law (alongside North Korea, Russia and Iran). Chinese companies like ByteDance “don’t owe their obligation to their customers, or their shareholders, but they owe it to the PRC [People’s Republic of China] government,” Sen. Mark Warner (D-Va.) said on the Senate floor Tuesday in arguing for the legislation.

What’s Next for TikTok and ByteDance?

If the effort to overturn the law fails, ByteDance may try to sell its roughly 40% stake in TikTok to an entity or investor group that would meet with U.S. approval. But that move could be blocked by Chinese authorities, who have insisted that any such sale would represent a technology export. In addition, TikTok would be a very expensive property — and that would limit the pool of potential buyers. The app generated $16 billion in U.S. revenue in 2023, valuing the business at up to $150 billion, per a Financial Times report .

Does TikTok Have a First Amendment Case Against the New Law?

It has won using that defense before. An executive order by the Trump administration to force ByteDance to sell TikTok or face a ban was found unconstitutional by federal courts on First Amendment grounds. Last December, a federal judge blocked Montana’s first-of-its-kind statewide ban of TikTok , ruling that the law likely violated the First Amendment.

Supporters of the TikTok divest-or-ban law argue that it isn’t really a “ban” — and that it doesn’t restrict free speech. The only requirement is that it the app be owned by a company that isn’t subject to the control of an adversarial foreign government. As a precedent, backers point to the 2020 sale of dating app Grindr by Chinese gaming company Beijing Kunlun Tech Co. to a group of U.S.-based investors, a transaction forced by the U.S. government over concerns about the privacy of the app’s users.

“Foreign adversaries use technology for social and political control. There is no individual right to privacy or freedom of speech in these autocracies,” Sen. Maria Cantwell (D-Wash.), chair of the Senate’s Commerce, Science and Transportation Committee, said Tuesday. “U.S. media companies are not allowed to operate in China. In fact, China leads the world in using surveillance and censorship to keep tabs on its own population and to repress dissidence.” Cantwell added: “Governments that respect freedom of speech do not build backdoors into hardware or software, into apps on phones, or into laptops.”

What Does the TikTok Law Mean for Creators?

VIP+ Analysis: TikTok Now an Internet “Supergiant”

More From Our Brands

Taylor swift makes chart history with ‘the tortured poets department’, aston martin’s fastest-ever vantage makes formula 1® debut, mlbpa rips nike amid changes to controversial uniforms, be tough on dirt but gentle on your body with the best soaps for sensitive skin, the conners is losing its wednesdays-at-8 time slot on abc — find out why, verify it's you, please log in.

COMMENTS

Legal Research: A Guide to Case Law
Case law is the body of law developed from judicial opinions or decisions over time (whereas statutory law comes from legislative bodies and administrative law comes from executive bodies). This guide introduces beginner legal researchers to resources for finding judicial decisions in case law resources. Coverage includes brief explanations of ...
Case Law
The term case law refers to law that comes from decisions made by judges in previous cases. Case law, also known as "common law," and "case precedent," provides a common contextual background for certain legal concepts, and how they are applied in certain types of case.How much sway case law holds may vary by jurisdiction, and by the exact circumstances of the current case.
Introduction
Introduction. Every law student and practicing attorney must be able to find, read, analyze, and interpret case law. Under the common law principles of stare decisis, a court must follow the decisions in previous cases on the same legal topic. Therefore, finding cases is essential to finding out what the law is on a particular issue.
Why and How: Using the Case Study Method in the Law Classroom
While we have not yet seen a study on the efficacy of the case study method vs. the Langdell method in law schools, research from political science professor Matthew Krain suggests that case studies and problem-based activities do enhance certain types of learning over other types of pedagogy. In his investigation, Krain compared the results of ...
How to Write a Case Brief for Law School
Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction ...
The Case Study Teaching Method
The Case Study Teaching Method. It is easy to get confused between the case study method and the case method, particularly as it applies to legal education. The case method in legal education was invented by Christopher Columbus Langdell, Dean of Harvard Law School from 1870 to 1895. Langdell conceived of a way to systematize and simplify legal ...
case law
case law. Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common law, refers to the ...
The Law School Case Method
The case method eschews explanation and encourages exploration. In a course that relies entirely on the casebook, you will never come across a printed list of "laws." Indeed, you will learn that in many areas of law there is no such thing as a static set of rules, but only a constantly evolving system of principles.
Case Study Research
Case Study Research. A legal scholar who uses the term 'case' will probably first think of a legal case. From a socio-legal perspective, the understanding of this concept is, however, slightly different. Case study research is a methodology that is useful to study 'how' or 'why' questions in real-life. Over the last forty years ...
Case Study Resources
The Pluralism Project Case Study Initiative seeks to understand how the case method can be useful in creatively addressing theological and religious studies issues through teaching and learning. The texts relate to issues in civil society, public life, and religious communities. Teaching Negotiation Resource Center.
Online Courses and Casebooks
Online Courses. These online courses are for lawyers looking to do a deep dive into a particular area, and for anyone looking to learn about how law works in practice. Offered by Harvard Law School in collaboration with Harvard's Vice Provost for Advances in Learning and edX, these courses are part of our ongoing commitment to lifelong learning.
Case law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
About Harvard Law Case Studies
These case studies expose participants to real-world problems that lawyers and firm leaders confront, and help them work through possible approaches and solutions. CDI was founded by Professor Ashish Nanda and is now directed by Dr. Lisa Rohrer. Great for: discussion-based case studies, law and business, management, professional development.
US Case Law, Court Opinions & Decisions :: Justia
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. For example, a decision by the US Court of Appeals for the Fifth Circuit is binding on ...
How to Read a Law School Casebook
Chapter 2: Reading the Law School Casebook. In the first chapter, I talked about rules, and in particular, about getting used to the way that lawyers use rules as the starting place for an argument. In passing, I mentioned "cases.". I said that arguments were presented in cases, but I didn't explain what a case was.
How to Analyze Case Law: 11 Steps (with Pictures)
1. Read the case. You should read the case through at least once from beginning to end until you attempt to figure out which facts are most important or analyze the court's holding. It's difficult to correctly determine what was central to the court's reasoning until you've read it all the way through.
Case Study
A case study is a research method that involves an in-depth examination and analysis of a particular phenomenon or case, such as an individual, organization, community, event, or situation. It is a qualitative research approach that aims to provide a detailed and comprehensive understanding of the case being studied.
What Is a Case Study?
A case study is a detailed study of a specific subject, such as a person, group, place, event, organization, or phenomenon. Case studies are commonly used in social, educational, clinical, and business research. A case study research design usually involves qualitative methods, but quantitative methods are sometimes also used.
What To Expect in Law School
The Curriculum. As a first-year law student, you will follow a designated course of study that may cover many of the following subjects: Civil procedure —the process of adjudication in the United States such as jurisdiction and standing to sue, motions and pleadings, pretrial procedure, the structure of a lawsuit, and appellate review of ...
Case Notes
Chris Dawson Case Note. The unsolved case regarding the disappearance over 40 year ago of Lynette Dawson became the subject of a globally acclaimed podcast 'The Teacher's Pet.'. As a result of media attention, the case was reopened and her husband at the time, Chris Dawson was found guilty of murder in 2022 by a judge alone trial. Click here.
Law & Legal Research- Hypothesis |Case Study| Questionnaire
The law can be defined as a body of rules of action or conduct prescribed by a controlling authority, and having binding legal force/ authority. Law is an instrument which regulates human conduct/behaviour. Law essentially means Justice, Morality, Reason, Order, and Righteous from the point of view of the society.
Studying for Law School Exams? Here Are 10 Ways To Prepare
Twenty alumni advise students to take practice exams, know your professor, study your own way, and more. 7. Outlining Strategies and Techniques. Daniel Richardson, former editor-in-chief of the Virginia Law Review and the 2018 graduate with the highest GPA, provides law students with advice about preparing for mid-terms and finals.
Law's Sharona Hoffman and Cassandra Burke Robertson write legal case
Case Western Reserve University School of Law faculty members Sharona Hoffman, the Edgar A. Hahn Professor of Law, and Cassandra Burke Robertson, the John Deaver Drinko - BakerHostetler Professor of Law, wrote a legal case study assessing this topic in a forthcoming article for UC Irvine Law Review.
What's at stake as the Supreme Court hears case about abortion in
The case, known as Moyle v.United States (Mike Moyle is the speaker of the Idaho House), has major implications on everything from what emergency care is available in states with abortion bans to ...
Lawsuits test Tesla claim that drivers are solely responsible for crashes
In another case — set for trial in November in Key Largo, Fla. — a Tesla in Autopilot allegedly failed to detect an approaching T-intersection while its driver searched for a dropped phone ...
Prime Hydration energy drink lawsuits allege PFAS, excessive caffeine
As of April 18, the judge in the case has heard Prime's argument to dismiss the suit due to Castillo not alleging "a cognizable injury" and her not alleging "facts showing a concrete (and ...
Subject
The Case Study Teaching Method; Harvard Law Case Studies A-Z; Free Materials; Blog; Shop By Category; Harvard Law Case Studies A-Z; Free Materials; Program; Role Play; Workshop-Based Case Study; Discussion-Based Case Study; DVD; Subject; Sabrineh Ardalan; Sharon Block; Robert Bordone; Emily M. Broad Leib; Chad Carr; Robert Clark; John Coates ...
BUS205 Case Study 2 (pdf)
B U S205 BUSINESS LAW CASE STUDY - SUBMISSION TWO Being the most crucial component for operations, the Parlour is legally entered into a commercial lease and service agreement with Canary Wharf Management (CWM). This contractual agreement is standardised by the Landlord and Tenant Act 1954. A Business To Business alcohol provision agreement is in place between D&M and Asahi Breweries LTD, who ...
Opinion
Mr. Shugerman is a law professor at Boston University. About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and ...
Will TikTok Be Banned In the U.S.? What the New Law Means
The law specifies that, in the absence of a "qualified divestiture" by ByteDance, the TikTok ban will go into effect 270 days (nine months) after its enactment — which would be Jan. 15, 2025.